[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2617 Enrolled Bill (ENR)]
H.R.2617
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
Making consolidated appropriations for the fiscal year ending September
30, 2023, and for providing emergency assistance for the situation in
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2023''.
SEC. 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, 2023
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
Title 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 Enhancements
Title VI--Extension of Temporary Order for Fentanyl-Related Substances
Title VII--Federal Trade Commission Oversight of Horseracing Integrity
and Safety Authority
Title VIII--United States Parole Commission Extension
Title IX--Extension of FCC Auction Authority
Title X--Budgetary Effects
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
DIVISION Q--AVIATION RELATED MATTERS
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
DIVISION S--OCEANS RELATED MATTERS
DIVISION T--SECURE 2.0 ACT OF 2022
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
DIVISION V--STRONG VETERANS ACT OF 2022
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
DIVISION Y--CONTRACT ACT OF 2022
DIVISION Z--COVS ACT
DIVISION AA--FINANCIAL SERVICES MATTERS
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
DIVISION CC--WATER RELATED MATTERS
DIVISION DD--PUBLIC LAND MANAGEMENT
DIVISION EE--POST OFFICE DESIGNATIONS
DIVISION FF--HEALTH AND HUMAN SERVICES
DIVISION GG--MERGER FILING FEE MODERNIZATION
DIVISION HH--AGRICULTURE
DIVISION II--PREGNANT WORKERS
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
Division LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $65,067,000
of which not to exceed $7,432,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,396,000 shall be available
for the Office of Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations, of which $1,000,000 shall
be to establish a Tribal Public Health Resource Center at a land grant
university with existing indigenous public health expertise to expand
current partnerships and collaborative efforts with indigenous groups,
including but not limited to, tribal organizations and institutions
such as tribal colleges, tribal technical colleges, tribal community
colleges and tribal universities, to improve the delivery of culturally
appropriate public health services and functions in American Indian
communities focusing on indigenous food sovereignty; not to exceed
$9,280,000 shall be available for the Office of Partnerships and Public
Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not
to exceed $28,422,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $26,716,000 shall be
available for Departmental Administration to provide for necessary
expenses for management support services to offices of the Department
and for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $8,738,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs shall be transferred to
agencies of the Department of Agriculture funded by this Act to
maintain personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of Assistant
Secretary for Congressional Relations may be obligated after 30 days
from the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided further, That
during any 30 day notification period referenced in section 716 of this
Act, the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this Act
or make any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$28,181,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That of
the amounts made available under this heading, $500,000 shall be
available to carry out section 224 of subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $92,284,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,466,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $40,581,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $7,581,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security, and
Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $111,561,000, including such sums
as may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $2,384,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office: Provided
further, That of the amounts made available under this heading,
$1,000,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$92,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $211,076,000, of which up to $66,413,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,744,279,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except for 10
buildings to be constructed or improved at a cost not to exceed
$1,100,000 each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever is
greater: Provided further, That appropriations hereunder shall be
available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be owned,
operated, and maintained by the non-Federal entity and shall be removed
upon the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $74,297,000 to
remain available until expended, of which $56,697,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$1,094,121,000 which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, Hispanic
serving institutions education grants, capacity building for non-land-
grant colleges of agriculture, the agriculture and food research
initiative, veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, grants management
systems, tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended: Provided
further, That each institution eligible to receive funds under the
Evans-Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds awarded
equally to each of the States of Alaska and Hawaii: Provided further,
That funds for providing grants for food and agricultural sciences for
Alaska Native and Native Hawaiian-Serving institutions and for Insular
Areas shall remain available until September 30, 2024: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $565,410,000 which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890 institutions shall
remain available until expended: Provided further, That institutions
eligible to receive funds under 7 U.S.C. 3221 for cooperative extension
receive no less than $1,000,000: Provided further, That funds for
cooperative extension under sections 3(b) and (c) of the Smith-Lever
Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation costs for
extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $41,500,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2024: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $1,617,000: Provided, That funds
made available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,171,071,000 of which up to $9,552,000 shall be for the purposes, and
in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act); of which $514,000, to remain
available until expended, shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $15,450,000, to remain
available until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for active
eradication zones; of which $39,183,000, to remain available until
expended, shall be for Animal Health Technical Services; of which
$4,096,000 shall be for activities under the authority of the Horse
Protection Act of 1970, as amended (15 U.S.C. 1831); of which
$64,930,000, to remain available until expended, shall be used to
support avian health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure; of which
$216,117,000, to remain available until expended, shall be for
specialty crop pests, of which $8,500,000, to remain available until
September 30, 2024, shall be for one-time control and management and
associated activities directly related to the multiple-agency response
to citrus greening; of which, $14,986,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests; of
which $21,567,000, to remain available until expended, shall be for
zoonotic disease management; of which $44,067,000, to remain available
until expended, shall be for emergency preparedness and response; of
which $62,562,000, to remain available until expended, shall be for
tree and wood pests; of which $6,500,000, to remain available until
expended, shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts available under
this heading for wildlife services methods development, $1,000,000
shall remain available until expended: Provided further, That of
amounts available under this heading for the screwworm program,
$4,990,000 shall remain available until expended; of which $24,527,000,
to remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided further,
That no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the purchase,
replacement, operation, and maintenance of aircraft: Provided further,
That in addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the Secretary
may transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the arrest and
eradication of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316)
and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and
7772), and any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2023, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$237,695,000, of which $7,504,000 shall be available for the purposes
of section 12306 of Public Law 113-79, and of which $1,000,000 shall be
available for the purposes of section 779 of division A of Public Law
117-103: Provided, That of the amounts made available under this
heading, $25,000,000, to remain available until expended, shall be to
carry out section 12513 of Public Law 115-334, of which $23,000,000
shall be for dairy business innovation initiatives established in
Public Law 116-6 and the Secretary shall take measures to ensure an
equal distribution of funds between these three regional innovation
initiatives: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701), except
for the cost of activities relating to the development or maintenance
of grain standards under the United States Grain Standards Act, 7
U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $1,117,000: Provided, That funds made available by this
Act to an agency in the Food Safety mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,158,266,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2023 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $1,727,000: Provided, That funds
made available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $248,684,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,215,307,000,
of which not less than $15,000,000 shall be for the hiring of new
employees to fill vacancies and anticipated vacancies at Farm Service
Agency county offices and farm loan officers and shall be available
until September 30, 2024: Provided, That not more than 50 percent of
the funding made available under this heading for information
technology related to farm program delivery may be obligated until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates that
each project/investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject
to the applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2023 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That of the amount appropriated under
this heading, $696,594,000 shall be made available to county
committees, to remain available until expended: Provided further,
That, notwithstanding the preceding proviso, any funds made available
to county committees in the current fiscal year that the Administrator
of the Farm Service Agency deems to exceed or not meet the amount
needed for the county committees may be transferred to or from the Farm
Service Agency for necessary expenses: Provided further, That none of
the funds available to the Farm Service Agency shall be used to close
Farm Service Agency county offices: Provided further, That none of the
funds available to the Farm Service Agency shall be used to permanently
relocate county based employees that would result in an office with two
or fewer employees without prior notification and approval of the
Committees on Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $7,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement payments
to geographically disadvantaged farmers and ranchers under section 1621
of the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
$4,000,000, to remain available until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
ownership loans and $3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans and
$1,633,333,000 for direct operating loans; emergency loans, $4,062,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; relending program, $61,426,000;
Indian highly fractionated land loans, $5,000,000; and for boll weevil
eradication program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $249,000 for emergency
loans, to remain available until expended; and $23,520,000 for direct
farm operating loans, $11,228,000 for unsubsidized guaranteed farm
operating loans, $10,983,000 for the relending program, and $894,000
for Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $326,461,000: Provided, That of
this amount, $305,803,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $66,870,000:
Provided, That $1,000,000 of the amount appropriated under this heading
in this Act shall be available for compliance and integrity activities
required under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to amounts
otherwise provided for such purpose: Provided further, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$941,124,000, to remain available until September 30, 2024, of which up
to $22,973,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for construction and
improvement of buildings and public improvements at plant materials
centers, except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is obtained as
provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $75,000,000, to remain available
until expended, of which up to $20,591,000 shall be for the purposes,
and in the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That for funds
provided by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two hundred and
fifty thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures):
Provided further, That of the amounts made available under this
heading, $10,000,000 shall be allocated to projects and activities that
can commence promptly following enactment; that address regional
priorities for flood prevention, agricultural water management,
inefficient irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under the
authorities of section 13 of the Flood Control Act of December 22, 1944
(Public Law 78-534) with a primary purpose of watershed protection by
preventing floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment transport:
Provided further, That of the amounts made available under this
heading, $10,000,000 shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $2,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests Reserve
Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6571-6578), $7,000,000, to remain available until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923),
as added by section 12302 of Public Law 115-334, $8,500,000.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business: Provided further, That the Secretary shall
notify the Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any emergency
funds from the Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $15,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $1,620,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $351,087,000: Provided,
That of the amount made available under this heading, up to $5,000,000,
to remain available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture, and may
be transferred to other agencies of the Department for such purpose,
consistent with the missions and authorities of such agencies:
Provided further, That of the amount made available under this heading,
no less than $135,000,000, to remain available until expended, shall be
used for information technology expenses: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That in
addition to any other funds appropriated for purposes authorized by
section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act, will
immediately be credited to this account and will remain available until
expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,250,000,000 shall be for direct loans, $7,500,000 shall be
for a Single Family Housing Relending demonstration program for Native
American Tribes, and $30,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair loans;
$70,000,000 for section 515 rental housing; $400,000,000 for section
538 guaranteed multi-family housing loans; $10,000,000 for credit sales
of single family housing acquired property; $5,000,000 for section 523
self-help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $46,375,000 shall be for
direct loans; Single Family Housing Relending demonstration program for
Native American Tribes, $2,468,000; section 504 housing repair loans,
$2,324,000; section 523 self-help housing land development loans,
$267,000; section 524 site development loans, $208,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$13,377,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under this
paragraph for section 502 direct loans, no less than $5,000,000 shall
be available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2023: Provided further, That the Secretary shall implement provisions
to provide incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing Service
(RHS) multifamily housing properties by such nonprofit organizations
and public housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as determined
by the Secretary, with such incentives to include, but not be limited
to, the following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own resources to
include proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates and
terms, invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to as ``Asset
Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants, including the
cost of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $36,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: Provided, That the
Secretary shall, as part of the preservation and revitalization
agreement, obtain a restrictive use agreement consistent with the terms
of the restructuring.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $14,084,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be paid to the
appropriation for ``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,487,926,000, and in addition such sums as may
be necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That upon request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2023 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2023 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, $48,000,000, to remain available until expended:
Provided, That the funds made available under this heading shall be
available for rural housing vouchers to any low-income household
(including those not receiving rental assistance) residing in a
property financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided further, That
the amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such vouchers
shall be subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum extent
practicable, administer such vouchers with current regulations and
administrative guidance applicable to section 8 housing vouchers
administered by the Secretary of the Department of Housing and Urban
Development: Provided further, That in addition to any other available
funds, the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $48,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants, including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$341,490,328, to remain available until expended, of which up to
$325,490,328 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That any unobligated balances from prior year appropriations
under this heading for the cost of direct loans, loan guarantees and
grants, including amounts deobligated or cancelled, may be made
available to cover the subsidy costs for direct loans and or loan
guarantees under this heading in this fiscal year: Provided further,
That no amounts may be made available pursuant to the preceding proviso
from amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, or that were
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division A of Public Law 117-103 described in section 4 in the matter
preceding such division A: Provided further, That $10,000,000 of the
amount appropriated under this heading shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $86,520,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated under
this heading, $2,000,000 shall be for the Rural Innovation Stronger
Economy Grant Program (7 U.S.C. 2008w): Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $3,313,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$331,000 shall be available through June 30, 2023, for Federally
Recognized Native American Tribes; and of which $663,000 shall be
available through June 30, 2023, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$75,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $15,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $28,300,000, of which $3,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $16,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by section
379E of the Consolidated Farm and Rural Development Act (7 U.S.C.
2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $20,000,000.
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $18,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206 of
the Agricultural Act of 2014, for necessary expenses of the Secretary
to support projects that provide access to healthy food in underserved
areas, to create and preserve quality jobs, and to revitalize low-
income communities, $3,000,000, to remain available until expended:
Provided, That such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act, as
follows: $1,420,000,000 for direct loans; and $50,000,000 for
guaranteed loans.
For the cost of loan guarantees and grants, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, for rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A, 306C, 306D,
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$596,404,000, to remain available until expended, of which not to
exceed $1,000,000 shall be available for the rural utilities program
described in section 306(a)(2)(B) of such Act, and of which not to
exceed $5,000,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading shall be for
grants authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by section
306A(i)(1) of such Act: Provided further, That $70,000,000 of the
amount appropriated under this heading shall be for loans and grants
including water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed pursuant to
section 325 of Public Law 105-83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than 2 percent
of the funding provided for section 306D of the Consolidated Farm and
Rural Development Act may be used by a consortium formed pursuant to
section 325 of Public Law 105-83 for training and technical assistance
programs: Provided further, That not to exceed $37,500,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $21,180,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 of the amounts made available under this
heading shall be for solid waste management grants: Provided further,
That not to exceed $2,724,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate for water
and waste direct one percent loans for distressed communities:
Provided further, That if the Secretary determines that any portion of
the amount made available for one percent loans is not needed for such
loans, the Secretary may use such amounts for grants authorized by
section 306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the direct loan
subsidy costs remain unobligated after July 31, 2024, such unobligated
balances may be used for grant programs funded under this heading:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as authorized by
sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, 940c-1, and 940g) shall be made as
follows: guaranteed rural electric loans made pursuant to section 306
of that Act, $2,167,000,000; cost of money direct loans made pursuant
to sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act, $4,333,000,000;
guaranteed underwriting loans pursuant to section 313A of that Act,
$900,000,000; and for cost-of-money rural telecommunications loans made
pursuant to section 305(d)(2) of that Act, $690,000,000: Provided,
That up to $2,000,000,000 shall be used for the construction,
acquisition, design, engineering or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): Provided, That the energy efficiency measures
supported by the funding in this paragraph shall contribute in a
demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be paid
to the appropriation for ``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $64,991,000, to remain
available until expended, of which up to $4,991,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
$3,000,000 shall be made available for grants authorized by section
379G of the Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants under
section 379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections 601 and
602 of the Rural Electrification Act, $3,000,000, to remain available
until expended: Provided, That the cost of direct loans shall be as
defined in section 502 of the Congressional Budget Act of 1974.
For the cost to continue a broadband loan and grant pilot program
established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$363,512,317, to remain available until expended, of which up to
$15,512,317 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out such
pilot program: Provided further, That the cost of direct loans shall
be defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot program
shall be in a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a rural area
without sufficient access to broadband shall be defined as twenty-five
megabits per second downstream and three megabits per second upstream:
Provided further, That to the extent possible, projects receiving funds
provided under the pilot program must build out service to at least one
hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or grant is
made under the pilot program shall not use the loan or grant to
overbuild or duplicate broadband service in a service area by any
entity that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access to
broadband at the minimum service threshold: Provided further, That not
more than four percent of the funds made available in this paragraph
can be used for administrative costs to carry out the pilot program and
up to three percent of funds made available in this paragraph may be
available for technical assistance and pre-development planning
activities to support the most rural communities: Provided further,
That the Rural Utilities Service is directed to expedite program
delivery methods that would implement this paragraph: Provided
further, That for purposes of this paragraph, the Secretary shall
adhere to the notice, reporting and service area assessment
requirements set forth in section 701 of the Rural Electrification Act
(7 U.S.C. 950cc).
In addition, $35,000,000, to remain available until expended, for
the Community Connect Grant Program authorized by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $1,376,000: Provided, That
funds made available by this Act to an agency in the Food, Nutrition
and Consumer Services mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $28,545,432,000 to remain available through September 30,
2024, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $20,162,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $14,000,000 shall remain
available until expended to carry out section 18(g) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)): Provided
further, That notwithstanding section 18(g)(3)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the total
grant amount provided to a farm to school grant recipient in fiscal
year 2023 shall not exceed $500,000: Provided further, That of the
total amount available, $30,000,000 shall be available to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the total amount
available, $40,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80): Provided further, That of the total amount
available, $2,000,000 shall remain available until expended to carry
out activities authorized under subsections (a)(2) and (e)(2) of
section 21 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769b-1(a)(2) and (e)(2)): Provided further, That of the total
amount available, $3,000,000 shall be available until September 30,
2024 to carry out section 23 of the Child Nutrition Act of 1966 (42
U.S.C. 1793), of which $1,000,000 shall be for grants under such
section to the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, and
American Samoa: Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in
the first sentence by striking ``2010 through 2023'' and inserting
``2010 through 2024'': Provided further, That section 9(h)(3) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year 2022'' and
inserting ``For fiscal year 2023'': Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(h)(4)) is amended in the first sentence by striking ``For fiscal
year 2022'' and inserting ``For fiscal year 2023''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2024: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That the Secretary shall use
funds made available under this heading to increase the amount of a
cash-value voucher for women and children participants to an amount
recommended by the National Academies of Science, Engineering and
Medicine and adjusted for inflation: Provided further, That none of
the funds provided in this account shall be available for the purchase
of infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available
for activities that are not fully reimbursed by other Federal
Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement
at 7 CFR 246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which
$3,000,000,000, to remain available through September 30, 2025, shall
be placed in reserve for use only in such amounts and at such times as
may become necessary to carry out program operations: Provided, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That of the funds made
available under this heading, $3,000,000, to remain available until
September 30, 2024, shall be used to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2024: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2024: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $457,710,000, to
remain available through September 30, 2024: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2023 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2024: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$189,348,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $237,330,000, of which no more than 6 percent shall
remain available until September 30, 2024, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,750,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $243,331,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $24,300,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, which shall be transferred
to and merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$6,562,793,000: Provided, That of the amount provided under this
heading, $1,310,319,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $324,777,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$582,500,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $41,600,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $32,144,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $29,303,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2023, including
any such fees collected prior to fiscal year 2023 but credited for
fiscal year 2023, shall be subject to the fiscal year 2023 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2023 of user fees specified under this heading and authorized for
fiscal year 2024, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2024 for which the Secretary
accepts payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,196,097,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $2,289,290,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs, of which no less than $10,000,000
shall be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $489,594,000 shall be for
the Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $287,339,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $736,359,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $76,919,000
shall be for the National Center for Toxicological Research; (7)
$677,165,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$214,082,000 shall be for Rent and Related activities, of which
$55,893,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $236,166,000 shall
be for payments to the General Services Administration for rent; and
(10) $359,782,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Food Policy and
Response, the Office of Operations, the Office of the Chief Scientist,
and central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds
pursuant to, and for the administration of, section 770(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be
from amounts made available under this heading for other activities and
shall not exceed $2,000,000: Provided further, That of the amounts
that are made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for ``Department of
Health and Human Services--Office of Inspector General'' for oversight
of the programs and operations of the Food and Drug Administration and
shall be in addition to funds otherwise made available for oversight of
the Food and Drug Administration: Provided further, That funds may be
transferred from one specified activity to another with the prior
approval of the Committees on Appropriations of both Houses of
Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and fees
relating to over-the-counter monograph drugs authorized by 21 U.S.C.
379j-72 shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $12,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $50,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2023 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of property, plant and equipment and for the improvement,
delivery, and implementation of Department financial, and
administrative information technology services, and other support
systems necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until expended:
Provided, That none of the funds made available by this Act or any
other Act shall be transferred to the Working Capital Fund without the
prior approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund pursuant to
this section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for obligation or
expenditure to make any changes to the Department's National Finance
Center without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the funds
appropriated by this Act or made available to the Department's Working
Capital Fund shall be available for obligation or expenditure to
initiate, plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer, co-
located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the National Finance
Center Information Technology Services Division personnel and data
center management responsibilities, and control of any functions,
missions, and systems for current and future human resources management
and integrated personnel and payroll systems (PPS) and functions
provided by the Chief Financial Officer and the Chief Information
Officer shall remain in the National Finance Center and under the
management responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of Agriculture
and the offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow the
National Finance Center to perform technology upgrades: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture attributable to the amounts in excess of
the true costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial, administrative,
and information technology services, and other systems of the National
Finance Center or to pay any unforeseen, extraordinary cost of the
National Finance Center: Provided further, That none of the amounts
reserved shall be available for obligation unless the Secretary submits
written notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
limitations on the obligation of funds pending notification to
Congressional Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a declared
state of emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the National
Finance Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
Rural Utilities Service borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured or
direct loan under such Act, shall be eligible for assistance under
section 313B(a) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2024, for
information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,483,309,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of section 32 Commodity Purchases--$37,178,000:
Provided, That, of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2023, such
unobligated balances shall carryover into fiscal year 2024 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of Health and
Human Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or transfer
of such funds or the use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health and
Human Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with ten or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture or the Secretary of
Health and Human Services receives from the Committee on Appropriations
of both Houses of Congress written or electronic mail confirmation of
receipt of the notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be used to
transmit or otherwise make available reports, questions, or responses
to questions that are a result of information requested for the
appropriations hearing process to any non-Department of Agriculture,
non-Department of Health and Human Services, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations of both
Houses of Congress a detailed spending plan by program, project, and
activity for all the funds made available under this Act including
appropriated user fees, as defined in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 722. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 724. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of property, plant
and equipment, including equipment for the improvement, delivery, and
implementation of Departmental financial management, information
technology, and other support systems necessary for the delivery of
financial, administrative, and information technology services,
including cloud adoption and migration, of primary benefit to the
agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as defined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States
Department of Agriculture to propose, finalize or implement any
regulation that would promulgate new user fees pursuant to 31 U.S.C.
9701 after the date of the enactment of this Act.
Sec. 729. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $315,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 730. Notwithstanding any provision of law that regulates the
calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act, 21
U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C. 601 et
seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for
the cost of inspection services provided outside of an establishment's
approved inspection shifts, and for inspection services provided on
Federal holidays: Provided, That any sums charged pursuant to this
paragraph shall be deemed as overtime pay or holiday pay under section
1001(d) of the American Rescue Plan Act of 2021 (Public Law 117-2, 135
Stat. 242): Provided further, That sums received by the Secretary
under this paragraph shall, in addition to other available funds,
remain available until expended to the Secretary without further
appropriation for the purpose of funding all costs associated with FSIS
inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 732. In this fiscal year and thereafter, and notwithstanding
any other provision of law, none of the funds made available by this
Act may be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 733. In this fiscal year and thereafter, and notwithstanding
any other provision of law, none of the funds made available by this
Act may be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the Animal
Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class
B dealers who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each Federally recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act for
direct loans and grants under the following headings: ``Rural Housing
Service--Rural Housing Insurance Fund Program Account''; ``Rural
Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Housing
Service--Rural Housing Assistance Grants''; ``Rural Housing Service--
Rural Community Facilities Program Account''; ``Rural Business-
Cooperative Service--Rural Business Program Account''; ``Rural
Business-Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural Cooperative
Development Grants''; ``Rural Business-Cooperative Service--Rural
Microentrepreneur Assistance Program''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural Utilities
Service--Rural Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent feasible,
at least 10 percent of the funds shall be allocated for assistance in
persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits, any
county seat of such a persistent poverty county that has a population
that does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had 20
percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses, and 2007-
2011 American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program level.
Sec. 737. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 739. There is hereby appropriated $5,000,000, to remain
available until September 30, 2024, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act
of 1946, or section 10114 of the Agriculture Improvement Act of
2018; or
(2) to prohibit the transportation, processing, sale, or use of
hemp, or seeds of such plant, that is grown or cultivated in
accordance with section 7606 of the Agricultural Act of 2014 or
subtitle G of the Agricultural Marketing Act of 1946, within or
outside the State in which the hemp is grown or cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 746. There is hereby appropriated $4,000,000, to carry out
section 4208 of Public Law 115-334, including for project locations in
additional regions.
Sec. 747. There is hereby appropriated $4,000,000 to carry out
section 12301 of Public Law 115-334, Farming Opportunities Training and
Outreach.
Sec. 748. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 749. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year and thereafter, and notwithstanding
any other provision of law, ARS facilities as described in the
``Memorandum of Understanding Between the U.S. Department of
Agriculture Animal and Plant Health Inspection Service (APHIS) and the
U.S. Department of Agriculture Agricultural Research Service (ARS)
Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal Welfare Act
and its regulations and standards.
Sec. 751. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food authority
that had a negative balance in the nonprofit school food service
account as of June 30, 2022, shall be required to establish a price for
paid lunches in accordance with section 12(p) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 754. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture for
purposes of making such grants.
Sec. 755. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4)(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 756. Hereafter, none of the funds made available by this Act
or any other Act, may be used to pay the salaries or expenses of
personnel to implement any activities related to the permitting of non-
recording of observed violations of the Animal Welfare Act or its
regulations on official inspection reports.
Sec. 757. For necessary expenses associated with cotton classing
activities pursuant to 7 U.S.C. 55, to include equipment and facility
upgrades, and in addition to any other funds made available for this
purpose, there is appropriated $4,000,000, to remain available until
September 30, 2024: Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Sec. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 759. The Secretary, acting through the Chief of the Natural
Resources Conservation Service, may use funds appropriated under this
Act or any other Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out pursuant
to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), and for the Emergency Watershed Protection Program carried out
pursuant to section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to provide technical services for such programs pursuant
to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
3851(a)(1)), notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established by
section 779 of division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141), the Secretary of Agriculture may, for purposes of
determining entities eligible to receive assistance, consider those
communities which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the heading
``Distance Learning, Telemedicine, and Broadband Program'' for the
purposes of the pilot program established by section 779 of Public Law
115-141 may be used for this purpose.
Sec. 761. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
Sec. 762. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 763. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than September 30, 2023, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 764. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law 115-
334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
Sec. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior to the
effective date of the National Bioengineered Food Disclosure Standard
(February 19, 2019) shall include the words ``genetically engineered''
prior to the existing acceptable market name.
Sec. 766. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $5,000,000, which
shall remain available until expended, for necessary expenses, under
such terms and conditions determined by the Secretary, related to
testing soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an agricultural
producer, assisting agricultural producers affected by PFAS
contamination with costs related to mitigate the impacts to their
operation that have resulted from such contamination and indemnifying
agricultural producers for the value of unmarketable crops, livestock,
and other agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance to
agricultural producers in states and territories that have established
a tolerance threshold for PFAS in a food or agricultural product:
Provided further, That, not later than 90 days after the end of fiscal
year 2023, the Secretary shall submit a report to the Congress
specifying the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to U.S.
Department of Agriculture programs, either administratively or
legislatively, to increase support for agricultural producers impacted
by PFAS contamination and to enhance scientific knowledge on PFAS
uptake in crops and livestock and PFAS mitigation and remediation
methods and disseminate such knowledge to agricultural producers.
Sec. 767. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2023, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 768. There is hereby appropriated $500,000 to carry out the
duties of the working group established under section 770 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
89).
Sec. 769. For an additional amount for the Office of the
Secretary, $15,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778 of
Public Law 117-103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching the
causes and conditions of challenges facing rural areas, and develop
community partnerships to address such challenges: Provided further,
That administrative or other fees shall not exceed one percent:
Provided further, That such partnership shall coordinate and publish an
annual report.
Sec. 770. Of the unobligated balances from prior year
appropriations made available under the heading ``Farm Service Agency--
Agricultural Credit Insurance Fund Program Account'', $73,000,000 are
hereby rescinded.
Sec. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby
appropriated $25,000,000, to remain available until expended, to pay,
with respect to such contracts for the 2021 reinsurance year, an amount
that is equal to the difference between the amount to be paid pursuant
to the SRA for the applicable reinsurance year and the amount that
would be paid if such contracts were not subject to a reduction
described in subsection (a)(2)(G) of section III of the SRA but subject
to a reimbursement rate equal to 17.5 percent of the net book premium.
Sec. 772. For an additional amount for the ``Office of the
Secretary'', $1,300,000, to remain available until expended, for the
Secretary, in consultation with the Secretary of the Department of
Health and Human Services, to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a study of
the eight topics and scientific questions related to alcohol previously
published by USDA and HHS and other relevant topics: Provided, That
the panel or panels established by the National Academies Sciences,
Engineering, and Medicine to conduct the study shall operate in a fully
transparent manner and include a balanced representation of individuals
who have expertise in the health effects of alcohol consumption, are
unbiased, and are free from conflicts of interests: Provided further,
That the findings and recommendations of the study shall be based on
the preponderance of the scientific and medical knowledge consistent
with section 5341 of title 7 of United States Code: Provided further,
That not later than eighteen months after the date of enactment of this
Act, the National Academies of Sciences, Engineering, and Medicine
shall submit its report to the Secretary of Agriculture, the Secretary
of Health and Human Services, and the Congress of its systematic review
and data analysis of the eight research topics: Provided further, That
the Secretary of Agriculture shall ensure that the 2025 Dietary
Guidelines for Americans process includes a recommendation for alcohol
and shall be based on the preponderance of scientific and medical
knowledge consistent with section 5341 of title 7 of United States
Code: Provided further, That the Secretary of Agriculture shall ensure
the process is fully transparent and includes a balanced representation
of individuals who are unbiased and free from conflicts of interest.
Sec. 773. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign Investment
Disclosure Act (Public Law 95-460), shall report to Congress on foreign
investments in agricultural land in the United States, including the
impact foreign ownership has on family farms, rural communities, and
the domestic food supply: Provided, That within 3 years after the
enactment of this Act, the Secretary shall establish a streamlined
process for electronic submission and retention of disclosures made
under the Agricultural Foreign Investment Disclosure Act, including an
internet database that contains disaggregated data from each disclosure
submitted: Provided further, That all prior year disclosures of
foreign investments in agricultural land in the United States are
published in the database: Provided further, That the plan includes a
process to ensure the protection of personally identifiable information
and that all disclosures of foreign investments in agricultural land on
the USDA website be disaggregated by: (1) in any case in which such
foreign person is an individual, the citizenship of such foreign
person; and (2) in any case in which such foreign person is not an
individual or a government, the nature of the legal entity holding the
interest, the country in which such foreign person is created or
organized, and the principal place of business of such foreign person.
Sec. 774. Notwithstanding any other provision of law, the common
name ``Kanpachi'' shall serve as an acceptable market name under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) for
labeling and marketing of ocean-farmed Seriola rivoliana.
Sec. 775. In this or any subsequent fiscal year, the Secretary of
Homeland Security shall transfer to the Secretary of Agriculture the
operation of and all property required to operate the National Bio- and
Agro-Defense Facility in Manhattan, Kansas: Provided, That, such
transfer of function shall include the transfer of up to 40 full time
equivalent positions, to be completed within 120 days of the effective
date of the transfer of function, as jointly determined by the
Secretaries.
Sec. 776. (a) Section 260 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1636i) is amended by striking ``2022'' and inserting
``2023''.
(b) Section 942 of the Livestock Mandatory Reporting Act of 1999 (7
U.S.C. 1635 note; Public Law 106-78) is amended by striking ``2022''
and inserting ``2023''.
Sec. 777. Section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)) is amended by striking ``Access to Local
Foods: Farm to School Program.'' and inserting ``Access to Local Foods:
Patrick Leahy Farm to School Program''.
Sec. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the Secretary
shall consider a city or town to be a rural area for the purposes of
eligibility for a guaranteed loan funded through the Rural Community
Facilities Program Account if the project to be funded received a prior
loan from such account in fiscal year 2021.
Sec. 779. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 742 of division A of Public Law
113-235, $150,000,000 are hereby rescinded not later than September 30,
2023.
Sec. 780. Funds made available in the Consolidated Appropriations
Act, 2018 (Public Law 115-141) for the ``Rural Community Facilities
Program Account'' under section 306 of the Consolidated Farm and Rural
Development Act, 7 U.S.C. 1926, for the principal amount of direct
loans are to remain available through fiscal year 2028 for the
liquidation of valid obligations incurred in fiscal year 2018.
Sec. 781. Of the unobligated balances from amounts made available
to carry out section 749(g) of the Agricultural Appropriations Act of
2010 (Public Law 111-80), $80,000,000 are hereby rescinded: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2023''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase
of armored vehicles without regard to the general purchase price
limitations; obtaining insurance on official motor vehicles; and rental
of tie lines, $625,000,000, of which $85,000,000 shall remain available
until September 30, 2024: Provided, That $12,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31, United States
Code: Provided further, That, of amounts provided under this heading,
not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities: Provided
further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities: Provided further, That,
of amounts provided under this heading, up to $3,000,000, to remain
available until expended, shall be for the purpose of carrying out a
pilot fellowship program of the United States Commercial Service under
which the Secretary of Commerce may make competitive grants to
appropriate institutions of higher education or students to increase
the level of knowledge and awareness of, and interest in employment
with, that Service among minority students: Provided further, That any
grants awarded under such program shall be made pursuant to regulations
to be prescribed by the Secretary, which shall require as a condition
of the initial receipt of grant funds, a commitment by prospective
grantees to accept full-time employment in the Global Markets unit of
the International Trade Administration upon the completion of
participation in the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$191,000,000, of which $76,000,000 shall remain available until
expended: Provided, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27, 28, 29, and 30 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722,
3722a, 3722b, and 3723), as amended, $430,000,000 to remain available
until expended, of which $50,000,000 shall be for grants under section
27, $41,000,000 shall be for grants under section 28, $41,000,000 shall
be for grants under section 29 in amounts determined by the Secretary,
and $2,500,000 shall be for grants under section 30: Provided, That
any deviation from the amounts designated for specific activities in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $68,000,000: Provided,
That funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of
1976; title II of the Trade Act of 1974; sections 27 through 30 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development Agency
in fostering, promoting, and developing minority business enterprises,
as authorized by law, $70,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$130,000,000, to remain available until September 30, 2024.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$330,000,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,155,000,000, to remain available until
September 30, 2024: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $62,000,000,
to remain available until September 30, 2024: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $4,253,404,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2023, so as to result in a fiscal year 2023
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2023, should the total amount of such
offsetting collections be less than $4,253,404,000, this amount shall
be reduced accordingly: Provided further, That any amount received in
excess of $4,253,404,000 in fiscal year 2023 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That the budget of the
President submitted for fiscal year 2024 under section 1105 of title
31, United States Code, shall include within amounts provided under
this heading for necessary expenses of the USPTO any increases that are
expected to result from an increase promulgated through rule or
regulation in offsetting collections of fees and surcharges assessed
and collected by the USPTO under any law in either fiscal year 2023 or
fiscal year 2024: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2023 for
official reception and representation expenses: Provided further, That
in fiscal year 2023 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,450,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $953,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That of the amounts appropriated under this
heading, $62,532,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST STRS Community Project Funding/NIST External Projects'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That the
amounts made available for the projects referenced in the preceding
proviso may not be transferred for any other purpose: Provided
further, That not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may provide local
transportation for summer undergraduate research fellowship program
participants.
industrial technology services
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which $175,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $37,000,000 shall be for the Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $462,285,000, to remain available
until expended: Provided, That of the amounts appropriated under this
heading, $332,285,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the paragraph
``NIST Construction Community Project Funding/NIST Extramural
Construction'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That up to one percent of amounts made available for the
projects referenced in the preceding proviso may be used for the
administrative costs of such projects: Provided further, That the
Director of the National Institute of Standards and Technology shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That the Secretary of
Commerce shall include in the budget justification materials for fiscal
year 2024 that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) an
estimate for each National Institute of Standards and Technology
construction project having a total multi-year program cost of more
than $5,000,000, and simultaneously the budget justification materials
shall include an estimate of the budgetary requirements for each such
project for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for State-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $4,500,997,000, to remain available until
September 30, 2024: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$344,901,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries Data
Collections, Surveys, and Assessments; Observers and Training;
Fisheries Management Programs and Services; and Interjurisdictional
Fisheries Grants: Provided further, That not to exceed $71,299,000
shall be for payment to the ``Department of Commerce Working Capital
Fund'': Provided further, That of the $4,868,898,000 provided for in
direct obligations under this heading, $4,500,997,000 is appropriated
from the general fund, $344,901,000 is provided by transfer, and
$23,000,000 is derived from recoveries of prior year obligations:
Provided further, That of the amounts appropriated under this heading,
$111,465,000 shall be used for the projects, and in the amounts,
specified in the table immediately following the paragraph ``NOAA
Community Project Funding/NOAA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That in addition, for necessary retired pay expenses
under the Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired personnel and
their dependents under the Dependents' Medical Care Act (10 U.S.C. ch.
55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,653,630,000, to remain available
until September 30, 2025, except that funds provided for acquisition
and construction of vessels and aircraft, and construction of
facilities shall remain available until expended: Provided, That of
the $1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated for
specific activities in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), or any
use of deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth in section
505 of this Act: Provided further, That the Secretary of Commerce
shall include in budget justification materials for fiscal year 2024
that the Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) an estimate for each
National Oceanic and Atmospheric Administration procurement,
acquisition or construction project having a total of more than
$5,000,000 and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project for each
of the 5 subsequent fiscal years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2024: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94-265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99-659),
$300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2023, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $95,000,000: Provided, That no
employee of the Department of Commerce may be detailed or assigned from
a bureau or office funded by this Act or any other Act to offices
within the Office of the Secretary of the Department of Commerce for
more than 180 days in a fiscal year unless the individual's employing
bureau or office is fully reimbursed for the salary and expenses of the
employee for the entire period of assignment using funds provided under
this heading: Provided further, That amounts made available to the
Department of Commerce in this or any prior Act may not be transferred
pursuant to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances
that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,142,000.
nonrecurring expenses fund
For necessary expenses for technology modernization projects and
cybersecurity risk mitigation of the Department of Commerce,
$35,000,000, to remain available until September 30, 2025: Provided,
That amounts made available under this heading are in addition to such
other funds as may be available for such purposes: Provided further,
That any unobligated balances of expired discretionary funds
transferred to the Department of Commerce Nonrecurring Expenses Fund,
as authorized by section 111 of title I of division B of Public Law
116-93, may be obligated only after the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of the planned use of funds.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2023: Provided, That the
life cycle cost for the Joint Polar Satellite System is
$11,322,125,000, the life cycle cost of the Polar Follow On Program is
$6,837,900,000, the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000, and the
life cycle cost for the Space Weather Follow On Program is
$692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not limited
to utilities, telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space that
persons, firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use or
occupy in the Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949 on a reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, Tribal government, Territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2024, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading ``National
Institute of Standards and Technology--Industrial Technology Services''
shall not be subject to cost share requirements under 15 U.S.C.
278k(e)(2): Provided, That the authority made available pursuant to
this section shall be elective, in whole or in part, for any
Manufacturing Extension Partnership Center that also receives funding
from a State that is conditioned upon the application of a Federal cost
sharing requirement.
Sec. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive--
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant
applicant, for amounts made available under this Act under the
heading ``Operations, Research, and Facilities'' under the heading
``National Oceanic and Atmospheric Administration''; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements under
section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455, 1455a, and 1461) as necessary at the request of the grant
applicant, for amounts made available under this Act under the
heading ``Procurement, Acquisition and Construction'' under the
heading ``National Oceanic and Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $145,000,000, of which $4,000,000 shall remain available until
September 30, 2024, and of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$138,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$860,000,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$29,000,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed
$50,000,000 of the total amount made available under this heading shall
remain available until September 30, 2027, for build-out and
modifications of courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2024.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $14,591,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $1,138,000,000, of which not to exceed $50,000,000 for
litigation support contracts and information technology projects,
including cybersecurity and hardening of critical networks, shall
remain available until expended: Provided, That of the amount provided
for INTERPOL Washington dues payments, not to exceed $685,000 shall
remain available until expended: Provided further, That of the total
amount appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation expenses:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to the Criminal Division for official
reception and representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for litigation activities of the Civil Division, the Attorney General
may transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended: Provided further, That any funds provided
under this heading in prior year appropriations Acts that remain
available to the Civil Rights Division for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry
out any authorized purposes of the Civil Rights Division: Provided
further, That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund and to remain available until
expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $225,000,000, to remain available until expended, of which not to
exceed $5,000 shall be available for official reception and
representation expenses: Provided, That notwithstanding any other
provision of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection (and estimated to be
$190,000,000 in fiscal year 2023), shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting collections
are received during fiscal year 2023, so as to result in a final fiscal
year 2023 appropriation from the general fund estimated at $35,000,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,632,000,000: Provided, That of the total amount appropriated, not
to exceed $19,600 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $255,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits of
discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited by
section 589a(f)(2) of title 28, United States Code), shall be retained
and used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the extent that
fees deposited into the Fund as discretionary offsetting collections in
fiscal year 2023, net of amounts necessary to pay refunds due
depositors, exceed $255,000,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2023, net of amounts necessary to pay
refunds due depositors, (estimated at $269,000,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund as discretionary offsetting
collections in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,705,000,000, of which not to exceed $20,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and related
support, $18,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $2,129,789,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $133,512,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $550,458,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $10,676,000,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $284,000
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by
purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities;
$651,895,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,563,116,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That, notwithstanding section 3672 of Public Law
106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated with
clandestine methamphetamine laboratories, conversion and extraction
operations, tableting operations, or laboratories and processing
operations for fentanyl and fentanyl-related substances which may
present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,672,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
construction
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and
information technology requirements; construction or acquisition of
buildings, facilities, and sites by purchase, or as otherwise
authorized by law; conversion, modification and extension of federally
owned buildings; and preliminary planning and design of projects;
$75,000,000, to remain available until expended.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115-391), of which not less than 2 percent
shall be transferred to and merged with the appropriation for ``Office
of Justice Programs--Research, Evaluation and Statistics'' for the
National Institute of Justice to carry out evaluations of programs and
activities related to the First Step Act of 2018: Provided further,
That the Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct expenditures
by that Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
until expended for necessary operations: Provided further, That, of
the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$108,000,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); title II of the Civil
Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act of
1968'') (Public Law 90-284) (``the Indian Civil Rights Act''); the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) (``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Juvenile Justice and Delinquency Prevention Act of 1974
(34 U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the 2000 Act''); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); the Justice for Victims of Trafficking
Act of 2015 (Public Law 114-22) (``the 2015 Act''); and the Abolish
Human Trafficking Act (Public Law 115-392); and the Violence Against
Women Act Reauthorization Act of 2022 (division W of Public Law 117-
103) (``the 2022 Act''); and for related victims services,
$700,000,000, to remain available until expended: Provided, That
except as otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any applicable
increases for the amount of such grants, as authorized by section
5903 of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023: Provided, That $10,000,000 shall be for any such
increases under such section 5903, which shall apply to fiscal year
2023 grants funded by amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and the
Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues addressed
by grant programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(4) $17,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence, of which $3,500,000 is to engage men and youth in
preventing domestic violence, dating violence, sexual assault, and
stalking: Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and 41305 of
the 1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent of
the total amount available for this grant program shall be
available for grants under the program authorized by section 2015
of the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I the 1968 Act, of which
$4,000,000 is for a homicide reduction initiative; up to $4,000,000
is for a domestic violence lethality reduction initiative;
$8,000,000 is for an initiative to promote effective policing and
prosecution responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluation of the effectiveness of
funded interventions (``Policing and Prosecution Initiative''); and
$1,000,000 is for an initiative to enhance prosecution and
investigation of online abuse and harassment (``Prosecution and
Investigation of Online Abuse Initiative''): Provided, That
subsections (c) and (d) of section 2101 of the 1968 Act shall not
apply to the Policing and Prosecution Initiative or the Prosecution
and Investigation of Online Abuse Initiative;
(6) $78,500,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act, of
which $12,500,000 is for grants to Historically Black Colleges and
Universities, Hispanic-Serving Institutions, and Tribal colleges
and universities;
(9) $55,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $12,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal Governments
in exercising special Tribal criminal jurisdiction, as authorized
by section 204 of the Indian Civil Rights Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
grants made;
(17) $2,500,000 is for the purposes authorized under the 2015
Act;
(18) $15,000,000 is for a grant program to support restorative
justice responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluations of those responses:
Provided, That the definitions and grant conditions in section 109
of the 2022 Act, shall apply to this program;
(19) $11,000,000 is for culturally specific services for
victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-
designation of tribal prosecutors as Tribal Special Assistant
United States Attorneys: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
initiative;
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and stalking,
including through the provision of technical assistance, as
authorized by section 206 of the 2022 Act: Provided, That the
definitions and grant conditions in section 40002 of the 1994 Act
shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to provide
remote services to Deaf victims of domestic violence, dating
violence, sexual assault, and stalking: Provided, That the
definitions and grant conditions in section 40002 of the 1994 Act
shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services to
underserved populations, as authorized by section 120 of the 2005
Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the effectiveness of
funded projects: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to this
initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and evaluation
activities, as authorized by section 41701 of the 1994 Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the
PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-405);
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of
2007 (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law
98-473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198); the First Step Act of 2018 (Public Law 115-
391); and other programs, $77,000,000, to remain available until
expended, of which--
(1) $42,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act; and
(2) $35,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle C of title II of the 2002 Act, and for
activities authorized by or consistent with the First Step Act of
2018, of which $7,500,000 is for research targeted toward
developing a better understanding of the domestic radicalization
phenomenon, and advancing evidence-based strategies for effective
intervention and prevention; $1,000,000 is for research to study
the root causes of school violence to include the impact and
effectiveness of grants made under the STOP School Violence Act of
2018 (title V of division S of Public Law 115-141); $1,000,000 is
for research on violence against American Indians and Alaska
Natives or otherwise affecting indigenous communities, in
connection with extractive industry activities; $1,000,000 is for
research on gun violence prevention; $1,000,000 is for surveys on
the campus sexual assault climate; $1,200,000 is for a study on
certain school-based crimes; and $1,000,000 is for a study on law
enforcement and community agency responses to opioid overdoses.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164) (``the TVPRA of 2005''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248) (``the Adam Walsh Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
(``the Victims of Trafficking Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act'');
the Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA'');
the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
473); the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
the Keep Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
School Violence Act of 2018 (title V of division S of Public Law 115-
141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
(title VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
185); the SUPPORT for Patients and Communities Act (Public Law 115-
271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act (Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-
401); the Missing Persons and Unidentified Remains Act of 2019 (Public
Law 116-277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the
Violence Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117-103 (``the 2022 Act''); and other programs,
$2,416,805,000, to remain available until expended as follows--
(1) $770,805,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Survivability
(VALOR);
(B) $3,500,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons
System;
(C) $10,000,000 is for a grant program for State and local
law enforcement to provide officer training on responding to
individuals with mental illness or disabilities;
(D) $5,000,000 is for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government, and
other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Program
(title XXIV of the 1994 Act), as amended by Kevin and Avonte's
Law;
(G) $20,000,000 is for grants authorized under the Project
Safe Neighborhoods Grant Authorization Act of 2018 (Public Law
115-185);
(H) $13,000,000 is for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law 108-
405, and for grants for wrongful conviction review;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti Alert
Act of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $6,000,000 is for grants authorized under the Missing
Persons and Unidentified Remains Act of 2019 (Public Law 116-
277);
(O) $4,000,000 is for a drug data research center to combat
opioid abuse;
(P) $1,500,000 is for grants to accredited institutions of
higher education to support forensic ballistics programs;
(Q) $229,551,000 is for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation), which shall be used for the
projects, and in the amounts, specified under the heading,
``Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants'', in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such amounts may not be
transferred for any other purpose;
(R) $5,000,000 is for the purposes authorized under section
1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve virtual training
for law enforcement; and
(T) $7,000,000 is for programs for cybercrime enforcement,
as authorized by sections 1401 and 1402 of the 2022 Act;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $95,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of the Victims of
Trafficking Act, by the TVPRA of 2005, or programs authorized under
Public Law 113-4;
(4) $13,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110-403, of
which not less than $2,500,000 is for intellectual property
enforcement grants including as authorized by section 401, and
$2,000,000 is for grants to develop databases on Internet of Things
device capabilities and to build and execute training modules for
law enforcement;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 shall be transferred
directly to the National Institute of Standards and Technology's
Office of Law Enforcement Standards for research, testing, and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public Website;
(8) $95,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $170,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $130,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $20,000,000 for other local, State, and Federal
forensic activities;
(C) $15,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $5,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $55,000,000 for community-based grant programs to improve
the response to sexual assault, including assistance for
investigation and prosecution of related cold cases;
(12) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-199)
and by the Second Chance Reauthorization Act of 2018 (Public Law
115-391), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed--
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, of which no less than $500,000 shall be used for a
project that provides training, technical assistance, and best
practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020 (Public
Law 116-281):
Provided, That up to $7,500,000 of funds made available in this
paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model and reentry housing;
(15) $445,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the following
programs, which shall address opioid, stimulant, and substance use
disorders consistent with underlying program authorities, of
which--
(A) $95,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $45,000,000 is for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $45,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $35,000,000 is for a veterans treatment courts program;
(E) $35,000,000 is for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $190,000,000 is for a comprehensive opioid, stimulant,
and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized by
the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the Bureau of
Justice Assistance for purposes authorized under the STOP School
Violence Act;
(18) $3,500,000 for grants to State and local law enforcement
agencies for the expenses associated with the investigation and
prosecution of criminal offenses involving civil rights, authorized
by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act
of 2016 (Public Law 114-325);
(19) $25,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and training
on hate crimes and to investigate and prosecute hate crimes, as
authorized by section 4704 of the Matthew Shepard and James Byrd,
Jr. Hate Crimes Prevention Act (Public Law 111-84);
(20) $10,000,000 for grants to support community-based
approaches to advancing justice and reconciliation, facilitating
dialogue between all parties, building local capacity, de-
escalating community tensions, and preventing hate crimes through
conflict resolution and community empowerment and education;
(21) $10,000,000 for programs authorized under the Jabara-Heyer
NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-community
relations, of which $35,000,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local, and
Tribal law enforcement; $35,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction; and $50,000,000 is for a community violence
intervention and prevention initiative:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service: Provided further, That in
the spending plan submitted pursuant to section 528 of this Act, the
Office of Justice Programs shall specifically and explicitly identify
all changes in the administration of competitive grant programs for
fiscal year 2023, including changes to applicant eligibility, priority
areas or weightings, and the application review process.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the PROTECT Act (Public Law 108-21); the Victims of Child Abuse
Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public Law
110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing
Children's Assistance Act of 2018 (Public Law 115-267); the Juvenile
Justice Reform Act of 2018 (Public Law 115-385); the Victims of Crime
Act of 1984 (chapter XIV of title II of Public Law 98-473) (``the 1984
Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public
Law 114-198); and other juvenile justice programs, $400,000,000, to
remain available until expended as follows--
(1) $75,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local, and Tribal juvenile
justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which, pursuant
to sections 261 and 262 of the 1974 Act--
(A) $5,000,000 shall be for grants to prevent trafficking
of girls;
(B) $17,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(D) $5,500,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $12,500,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and substance use
disorder;
(F) $10,000,000 shall be for an initiative relating to
children exposed to violence; and
(G) $2,000,000 shall be for grants to protect vulnerable
and at-risk youth;
(4) $41,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(6) $4,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(3) and (6) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $34,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); the Law Enforcement Mental Health and
Wellness Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
Patients and Communities Act (Public Law 115-271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the
STOIC Act''), $662,880,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act: Provided further, That of the amount provided under this
heading--
(1) $324,000,000 is for grants under section 1701 of title I of
the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (34 U.S.C.
10384(c)), funding for hiring or rehiring a career law enforcement
officer may not exceed $125,000 unless the Director of the Office
of Community Oriented Policing Services grants a waiver from this
limitation: Provided further, That of the amounts appropriated
under this paragraph, $34,000,000 is for improving Tribal law
enforcement, including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities: Provided
further, That of the amounts appropriated under this paragraph,
$44,000,000 is for regional information sharing activities, as
authorized by part M of title I of the 1968 Act, which shall be
transferred to and merged with ``Research, Evaluation, and
Statistics'' for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated under this
paragraph, no less than $4,000,000 is to support the Tribal Access
Program: Provided further, That of the amounts appropriated under
this paragraph, $10,000,000 is for training, peer mentoring, mental
health program activities, and other support services as authorized
under the LEMHW Act and the STOIC Act: Provided further, That of
the amounts appropriated under this paragraph, $7,500,000 is for
the collaborative reform model of technical assistance in
furtherance of section 1701 of title I of the 1968 Act (34 U.S.C.
10381);
(2) $12,000,000 is for activities authorized by the POLICE Act
of 2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered by
the Community Oriented Policing Services Office for purposes
authorized under the STOP School Violence Act (title V of division
S of Public Law 115-141);
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement technologies and
interoperable communications program, and related law enforcement
and public safety equipment, which shall be used for the projects,
and in the amounts, specified under the heading, ``Community
Oriented Policing Services, Technology and Equipment Community
Projects/ COPS Law Enforcement Technology and Equipment'', in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such amounts may not be transferred for any other purpose:
Provided further, That grants funded by such amounts shall not be
subject to section 1703 of title I of the 1968 Act (34 U.S.C.
10383).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That this section shall not
apply to the following--
(1) paragraph 1(Q) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented
Policing Services Programs''.
Sec. 206. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 208. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
This section shall not apply to paragraph 1(Q) under the heading
``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2020 through 2023 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et
seq.), the requirements under section 2976(g)(1) of such part (34
U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003
(34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of
such Act.
Sec. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 215. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2023, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2023, and any use, obligation, transfer, or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2023, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as
have been enacted for Performance Partnership Pilots in appropriations
acts in prior fiscal years and the current fiscal year.
Sec. 218. The Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate quarterly
reports on the Crime Victims Fund, the Working Capital Fund, the Three
Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports
shall contain at least the same level of information and detail for
each Fund as was provided to the Committees on Appropriations of the
House of Representatives and the Senate in fiscal year 2022.
Sec. 219. Section 3201 of Public Law 101-647, as amended (28
U.S.C. 509 note), is hereby amended: (1) by striking ``or the
Immigration and Naturalization Service'' and inserting ``the Federal
Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives,
or the United States Marshals Service''; and (2) by striking
``$25,000'' and inserting ``$50,000''.
Sec. 220. None of the funds made available under this Act may be
used to conduct, contract for, or otherwise support, live tissue
training, unless the Attorney General issues a written, non-delegable
determination that such training is medically necessary and cannot be
replicated by alternatives.
Sec. 221. (a) Designation.--The facilities of the Federal Bureau of
Investigation at Redstone Arsenal, Alabama, shall be known and
designated as the ``Richard Shelby Center for Innovation and Advanced
Training''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facilities of the
Federal Bureau of Investigation at Redstone Arsenal referred to in
subsection (a) shall be deemed to be a reference to the ``Richard
Shelby Center for Innovation and Advanced Training''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2023''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $7,965,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,965,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,795,000,000, to remain available until
September 30, 2024.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $935,000,000, to remain available until
September 30, 2024.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,200,000,000, to remain available until
September 30, 2024: Provided, That $227,000,000 shall be for On-orbit
Servicing, Assembly, and Manufacturing 1: Provided further, That
$110,000,000 shall be for the development, production, and
demonstration of a nuclear thermal propulsion system, of which not less
than $45,000,000 shall be for reactor development, not less than
$45,000,000 shall be for fuel materials development, and not less than
$20,000,000 shall be for non-nuclear systems development and
acquisition planning: Provided further, That, not later than 180 days
after the enactment of this Act, the National Aeronautics and Space
Administration shall provide a plan for the design of a flight
demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of Artemis Campaign Development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,468,850,000, to remain available until
September 30, 2024: Provided, That not less than $1,338,700,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,600,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon landings:
Provided further, That of the amounts provided for SLS, not less than
$600,000,000 shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including related
facilitization, to support an SLS Block 1B mission available to launch
in 2025 in addition to the planned Block 1 missions for Artemis I
through Artemis III: Provided further, That $799,150,000 shall be for
Exploration Ground Systems and associated Block 1B activities,
including up to $281,350,000 for a second mobile launch platform:
Provided further, That the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated system
that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and
associated ground systems that will ensure a crewed launch as early as
possible, as well as a system-based funding profile for a sustained
launch cadence that contemplates the use of an SLS Block 1B cargo
variant with an 8.4 meter fairing and associated ground systems:
Provided further, That $2,600,300,000 shall be for Artemis Campaign
Development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control, and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft, $4,250,000,000, to remain available until September 30, 2024.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$143,500,000, to remain available until September 30, 2024, of which
$26,000,000 shall be for the Established Program to Stimulate
Competitive Research and $58,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,129,451,000, to remain available until
September 30, 2024: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
available from amounts made available under this heading to make such
grant disbursements: Provided further, That of the amounts
appropriated under this heading, $30,701,000 shall be used for the
projects, and in the amounts, specified in the table under the heading
``NASA Community Projects/NASA Special Projects'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts made
available for the projects referenced in the preceding proviso may not
be transferred for any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $47,300,000, to remain available until
September 30, 2028: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2023 in an amount not to
exceed $25,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of which
$500,000 shall remain available until September 30, 2024.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 50 percent and any funds
transferred to or within ``Exploration'' for Exploration Ground Systems
shall not increase Exploration Ground Systems by more than $49,300,000.
Balances so transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures
set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2023 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
The spending plan required by this Act shall be provided by the
National Aeronautics and Space Administration at the theme, program,
project, and activity level. The spending plan, as well as any
subsequent change of an amount established in that spending plan that
meets the notification requirements of section 505 of this Act, shall
be treated as a reprogramming under section 505 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less, of the
amounts made available in the current-year Construction and
Environmental Compliance and Restoration (CECR) appropriation may be
applied to CECR projects funded under previous years' CECR
appropriations. Use of current-year funds under this provision shall be
treated as a reprogramming of funds under section 505 of this act and
shall not be available for obligation except in compliance with the
procedures set forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics Engagement''
(``STEM Engagement''), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from amounts
made available in this Act under the headings ``Science'',
``Aeronautics'', ``Space Technology'', ``Exploration'', and ``Space
Operations'', projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including Minority
Serving Institutions.
Section 30102(b) of title 51, United States Code, is amended by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
``(3) Information technology (it) modernization.--The fund
shall also be available for the purpose of funding IT Modernization
activities, as described in section 1077(b)(3)(A)-(E) of Public Law
115-91, on a non-reimbursable basis.''.
Not to exceed $18,162,000 made available for the current fiscal
year in this Act within ``Safety, Security and Mission Services'' may
be transferred to the Working Capital Fund of the National Aeronautics
and Space Administration. Balances so transferred shall be available
until expended only for activities described in section 30102(b)(3) of
title 51, United States Code, as amended by this Act, and shall remain
available until expended. Any transfer pursuant to this provision shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation except in compliance with the
procedures set forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $7,021,136,000, to remain available
until September 30, 2024, of which not to exceed $640,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $187,230,000, to remain available until expended.
stem education
For necessary expenses in carrying out science, mathematics, and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $1,154,000,000, to remain available until
September 30, 2024.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $448,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2023 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$5,090,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $23,393,000, of which
$400,000 shall remain available until September 30, 2024.
administrative provisions
(including transfers of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
There is hereby established in the Treasury of the United States a
fund to be known as the ``National Science Foundation Nonrecurring
Expenses Fund'' (the Fund). Unobligated balances of expired
discretionary funds appropriated for this or any succeeding fiscal year
from the General Fund of the Treasury to the National Science
Foundation by this or any other Act may be transferred (not later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated) into
the Fund. Amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available for
such purposes, for information and business technology system
modernization and facilities infrastructure improvements, including
nonrecurring maintenance, necessary for the operation of the Foundation
or its funded research facilities, subject to approval by the Office of
Management and Budget. Amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of the planned use
of funds.
This title may be cited as the ``Science Appropriations Act,
2023''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $14,350,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That the Chair may
accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the
preceding proviso, $2,000,000 shall be used to separately fund the
Commission on the Social Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $455,000,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair may accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$122,400,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $560,000,000,
of which $516,100,000 is for basic field programs and required
independent audits; $5,700,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $26,200,000 is for management and
grants oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2022 and 2023, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $61,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2024: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $1,900,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated
with this section; and (2) 5 percent shall be available to the Office
for Victims of Crime for grants, consistent with the requirements of
the Victims of Crime Act, to Indian Tribes to improve services for
victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST and the Federal Bureau of
Investigation (FBI) to inform acquisition decisions for high-impact
and moderate-impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and supply
chain risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the FBI, that the
acquisition of such system is in the national interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 111(a) of division B of Public
Law 116-93, $50,000,000 are hereby permanently rescinded not later than
September 30, 2023.
(b) Of the unobligated balances from prior year appropriations
available to the Department of Commerce under the heading ``Economic
Development Administration, Economic Development Assistance Programs'',
$10,000,000 are hereby permanently rescinded, not later than September
30, 2023.
(c) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are hereby
permanently rescinded, not later than September 30, 2023, from the
following accounts in the specified amounts--
(1) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $75,000,000; and
(3) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(d) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not
later than September 30, 2023, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $705,768,000; and
(2) ``Legal Activities, Assets Forfeiture Fund'', $500,000,000.
(e) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2023, specifying the amount
of each rescission made pursuant to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and (d)
shall not be from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and (d) shall
not be from--
(1) amounts provided under subparagraph (Q) of paragraph (1)
under the heading ``State and Local Law Enforcement Activities--
Office of Justice Programs--State and Local Law Enforcement
Assistance'' in title II of division B of Public Law 117-103; or
(2) amounts provided under paragraph (7) under the heading
``State and Local Law Enforcement Activities--Community Oriented
Policing Services--Community Oriented Policing Services Programs''
in title II of division B of Public Law 117-103.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is in the
national interest and notifies the Committees on Appropriations of
the House of Representatives and the Senate within at least 15 days
of that determination and the basis for that determination.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate not later than 45 days after the date of enactment of this
Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United States Virgin
Islands, Guam, or Puerto Rico, to prevent any of them from implementing
their own laws that authorize the use, distribution, possession, or
cultivation of medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1993 Small
Area Income and Poverty Estimates, the 2000 decennial census, and the
most recent Small Area Income and Poverty Estimates, or any Territory
or possession of the United States.
Sec. 534. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 536. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 537. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 539. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds as of
September 30, 2023, from amounts made available to ``Office of the
United States Trade Representative--Salaries and Expenses'' in title IX
of the United States-Mexico-Canada Agreement Implementation Act (Public
Law 116-113), are hereby rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for an
additional amount for fiscal year 2023, to remain available until
September 30, 2024, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-113, except that all references to ``2023'' under
such heading in Public Law 116-113 shall be deemed to refer instead to
``2024''.
(b) The remaining unobligated balances of funds as of September 30,
2023, from amounts made available to ``Office of the United States
Trade Representative--Trade Enforcement Trust Fund'' in title IX of the
United States-Mexico-Canada Agreement Implementation Act (Public Law
116-113), are hereby rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for an
additional amount for fiscal year 2023, to remain available until
September 30, 2024, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-113, except that the reference to ``2023'' under such
heading in Public Law 116-113 shall be deemed to refer instead to
``2024''.
(c) The amounts rescinded pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as
an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res.
14 (117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
(d) Each amount provided by this section is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
Sec. 541. Funds made available to the Department of Commerce and
under the heading ``Department of Justice--Federal Bureau of
Investigation--Salaries and Expenses'' in this Act and any remaining
unobligated balances of funds made available to the Department of
Commerce and under the heading ``Department of Justice--Federal Bureau
of Investigation--Salaries and Expenses'' in prior year Acts, other
than amounts designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, shall be
available to provide payments pursuant to section 901(i)(2) of title IX
of division J of the Further Consolidated Appropriations Act, 2020 (22
U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the
matter preceding this proviso may not exceed $5,000,000 for the
Department of Commerce and $5,000,000 for the Federal Bureau of
Investigation.
Sec. 542. (a) None of the funds in this Act may be used for design
or construction of the Mobile Launcher 2 until 30 days after the
Administrator of the National Aeronautics and Space Administration (the
``Administrator'') submits a plan to the Committees on Appropriations
of the House of Representatives and the Senate (the ``Committees''),
the Government Accountability Office, and the Office of Inspector
General of the National Aeronautics and Space Administration detailing
a cost and schedule baseline for the Mobile Launcher 2. Such plan shall
include each of the requirements described in subsection (c)(2) of
section 30104 of title 51, United States Code, as well as an estimated
date for completion of design and construction of the Mobile Launcher
2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter, the
Administrator shall report to the Committees, the Government
Accountability Office, and the Office of Inspector General of the
National Aeronautics and Space Administration on steps taken to
implement such plan.
Sec. 543. (a)(1) Within 45 days of enactment of this Act, the
Secretary of Commerce shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Fund for fiscal year 2023 pursuant to paragraphs (1) and (2) of
section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-
167), including the transfer authority in such paragraphs of that
section of that Act, to the accounts specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Commerce Allocation of National Institute of
Standards and Technology Funds: CHIPS Act Fiscal Year 2023'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of
Commerce shall allocate amounts made available from the Public Wireless
Supply Chain Innovation Fund for fiscal year 2023 pursuant to section
106 of the CHIPS Act of 2022 (division A of Public Law 117-167),
including the transfer authority in section 106(b)(2) of that Act, to
the accounts specified, in the amounts specified, and for the projects
and activities specified, in the table titled ``Department of Commerce
Allocation of National Telecommunications and Information
Administration Funds: CHIPS Act Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(3) Within 45 days of enactment of this Act, the Director of the
National Science Foundation shall allocate amounts made available from
the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Workforce and Education Fund for fiscal year 2023 pursuant to
section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified, and for
the projects and activities specified in the table titled ``National
Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2023'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(a)(2)(A)
of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if
there is in effect an Act making or continuing appropriations for part
of a fiscal year for the Departments of Commerce and Justice, Science,
and Related Agencies: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administration of
programs allocated funds from the CHIPS for America Fund, which may be
allocated only in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations of the
House of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act--
(1) the Secretary of Commerce may reallocate funds allocated to
Industrial Technology Services for section 9906 of Public Law 116-
283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce and
Education Fund by subsection (a)(3) of this section.
(d) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of Commerce and the Director of the
National Science Foundation, as appropriate, shall each submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(a)(2) and section 102(d)(2) of the CHIPS Act of 2022
for fiscal year 2024.
(e) The Department of Commerce and the National Science Foundation,
as appropriate, shall each provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on the status
of balances of projects and activities funded by the CHIPS for America
Fund for amounts allocated pursuant to subsection (a)(1) of this
section, the status of balances of projects and activities funded by
the Public Wireless Supply Chain Innovation Fund for amounts allocated
pursuant to subsection (a)(2) of this section, and the status of
balances of projects and activities funded by the CHIPS for America
Workforce and Education Fund for amounts allocated pursuant to
subsection (a)(3) of this section, including all uncommitted,
committed, and unobligated funds.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2023''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $49,628,305,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,706,395,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $15,050,088,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $35,427,788,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on active duty and cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $1,109,400,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,212,834,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,400,831,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$826,712,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,457,519,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$9,232,554,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $68,260,046,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the
Navy, and payments may be made upon the Secretary's certificate of
necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$9,891,998,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$60,279,937,000: Provided, That not to exceed $7,699,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$4,086,883,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$49,574,779,000: Provided, That not more than $2,981,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes: Provided
further, That of the funds provided under this heading, not less than
$55,000,000 shall be made available for the Procurement Technical
Assistance Cooperative Agreement Program, of which not less than
$5,000,000 shall be available for centers defined in 10 U.S.C.
2411(1)(D): Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $49,071,000 to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$2,467,009,000, of which $1,510,260,000, to remain available until
September 30, 2024, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the Committees on Appropriations of the House of Representatives and
the Senate on the use and status of funds made available in this
paragraph: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $475,000,000, to remain available until September 30, 2024:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,206,434,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,278,050,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $347,633,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,700,800,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,299,187,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,382,079,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $16,003,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $324,500,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $400,113,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $573,810,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,979,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $317,580,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $170,000,000, to remain available until
September 30, 2024: Provided, That such amounts shall not be subject
to the limitation in section 407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $351,598,000, to remain
available until September 30, 2025.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $111,791,000: Provided, That no other amounts may be
otherwise credited or transferred to the Account, or deposited into the
Account, in fiscal year 2023 pursuant to section 1705(d) of title 10,
United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,847,834,000, to remain available for obligation until
September 30, 2025.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,848,853,000, to remain available for obligation until
September 30, 2025.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$4,505,157,000, to remain available for obligation until September 30,
2025.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,770,120,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$8,668,148,000, to remain available for obligation until September 30,
2025.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $19,031,864,000, to remain available for obligation
until September 30, 2025.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,823,113,000, to remain available
for obligation until September 30, 2025.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $920,884,000, to remain available for
obligation until September 30, 2025.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN-80), $1,465,880,000;
Carrier Replacement Program (CVN-81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG-1000 Program, $72,976,000;
DDG-51 Destroyer, $6,946,537,000;
DDG-51 Destroyer (AP), $695,652,000;
FFG-Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs, $1,312,646,000.
In all: $31,955,124,000, to remain available for obligation until
September 30, 2027: Provided, That additional obligations may be
incurred after September 30, 2027, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $12,138,590,000, to
remain available for obligation until September 30, 2025: Provided,
That such funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $3,669,510,000, to remain available for obligation
until September 30, 2025.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $22,196,175,000, to remain available for
obligation until September 30, 2025.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,999,346,000, to remain
available for obligation until September 30, 2025.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $857,722,000, to remain available for
obligation until September 30, 2025.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $28,034,122,000, to remain
available for obligation until September 30, 2025.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,462,188,000, to remain
available for obligation until September 30, 2025.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $6,139,674,000, to remain available for obligation until
September 30, 2025.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $372,906,000, to remain available for
obligation until September 30, 2027, which shall be obligated and
expended by the Secretary of Defense as if delegated the necessary
authorities conferred by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2025: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,150,141,000, to remain available for obligation until September 30,
2024.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,017,309,000, to remain available for obligation until September 30,
2024: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$44,946,927,000, to remain available for obligation until September 30,
2024.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,631,377,000, to remain available until September 30, 2024.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $34,565,478,000, to remain
available for obligation until September 30, 2024.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $449,294,000, to remain available for obligation
until September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$39,225,101,000; of which $35,613,417,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2024, and of which up to
$18,577,877,000 may be available for contracts entered into under the
TRICARE program; of which $570,074,000, to remain available for
obligation until September 30, 2025, shall be for procurement; and of
which $3,041,610,000, to remain available for obligation until
September 30, 2024, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $12,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,561,000,000 shall be made available to the Defense Health Agency to
carry out the congressionally directed medical research programs:
Provided further, That the Secretary of Defense shall submit to the
congressional defense committees quarterly reports on the current
status of the deployment of the electronic health record: Provided
further, That the Secretary of Defense shall provide notice to the
congressional defense committees not later than 10 business days after
delaying the proposed timeline of such deployment if such delay is
longer than 1 week: Provided further, That the Comptroller General of
the United States shall perform quarterly performance reviews of such
deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,059,818,000, of which $84,612,000 shall
be for operation and maintenance, of which no less than $53,186,000
shall be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,778,000 for activities on military installations and
$30,408,000, to remain available until September 30, 2024, to assist
State and local governments; and $975,206,000, to remain available
until September 30, 2024, shall be for research, development, test and
evaluation, of which $971,742,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $970,764,000, of which $614,510,000
shall be for counter-narcotics support; $130,060,000 shall be for the
drug demand reduction program; $200,316,000 shall be for the National
Guard counter-drug program; and $25,878,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, That funds appropriated under this heading may be used to
support a new start program or project only after written prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $485,359,000, of which $481,971,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon
the Inspector General's certificate of necessity for confidential
military purposes; of which $1,524,000, to remain available for
obligation until September 30, 2025, shall be for procurement; and of
which $1,864,000, to remain available until September 30, 2024, shall
be for research, development, test and evaluation.
Support for International Sporting Competitions
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for
members of the Reserve Components of the Armed Forces of the United
States called or ordered to active duty in connection with providing
such support), $10,377,000, to remain available until expended.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer not
to exceed $6,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to be merged
with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30,
2023: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2023: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense Sites'';
and
(6) ``Drug Interdiction and Counter-drug Activities, Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts for up to 15 DDG-51 Arleigh Burke Class Guided
Missile Destroyers.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code: Provided, That such funds may also be obligated for humanitarian
and civic assistance costs incidental to authorized operations and
pursuant to authority granted in section 401 of title 10, United States
Code, and these obligations shall be reported as required by section
401(d) of title 10, United States Code: Provided further, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees, but are
to be managed solely on the basis of, and in a manner consistent with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such fiscal
year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent levels
absent the appropriate analysis of the impact of these reductions on
workload, military force structure, lethality, readiness, operational
effectiveness, stress on the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes of
subsection (a) and reducing funding for under-execution of such a
projection shall not be considered managing based on a constraint or
limitation for purposes of such subsection.
(d) The fiscal year 2024 budget request for the Department of
Defense, and any justification material and other documentation
supporting such a request, shall be prepared and submitted to Congress
as if subsections (a) and (b) were effective with respect to such
fiscal year.
(e) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades, or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2024
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United States if
the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $25,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $20,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $115,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $64,800,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $51,300,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $11,600,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $1,900,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2023, not more than
$2,788,107,000 may be funded for professional technical staff-related
costs of the defense FFRDCs: Provided, That within such funds, not
more than $446,097,000 shall be available for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence Program and
the Military Intelligence Program: Provided further, That the
Secretary of Defense shall, with the submission of the department's
fiscal year 2024 budget request, submit a report presenting the
specific amounts of staff years of technical effort to be allocated for
each defense FFRDC by program during that fiscal year and the
associated budget estimates, by appropriation account and program.
(e) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$129,893,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program and Military
Intelligence Program.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8028. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 4658 of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2023. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code, except that
the restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8034. In addition to any other funds made available for such
purposes, there is appropriated $93,500,000, for an additional amount
for the ``National Defense Stockpile Transaction Fund'', to remain
available until September 30, 2025, for activities pursuant to the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.): Provided, That none of the funds provided under this section
may be obligated or expended until 90 days after the Secretary of
Defense provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds.
Sec. 8035. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or any
subsequent Act making appropriations for the Department of Defense, may
be used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 4862(b) of
title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $350,000: Provided, That upon determination
by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in a named contingency operation overseas, such funds may be used to
purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8040. Up to $13,720,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2024 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2024 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2024 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2024: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2024: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community, shall remain available until
September 30, 2025.
(including transfer of funds)
Sec. 8044. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8045. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8046. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8047. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Aircraft Procurement, Army'', 2021/2023, $7,300,000;
``Other Procurement, Army'', 2021/2023, $3,177,000;
``Aircraft Procurement, Air Force'', 2021/2023, $115,804,000;
``Operation and Maintenance, Defense-Wide'', 2022/2023,
$105,000,000;
``Counter-ISIS Train and Equip Fund'', 2022/2023, $65,000,000;
``Aircraft Procurement, Army'', 2022/2024, $9,437,000;
``Other Procurement, Army'', 2022/2024, $71,544,000;
``Shipbuilding and Conversion, Navy: CVN Refueling Overhauls'',
2022/2026, $191,000,000;
``Shipbuilding and Conversion, Navy: Service Craft'', 2022/
2026, $6,092,000;
``Aircraft Procurement, Air Force'', 2022/2024, $205,568,000;
``Other Procurement, Air Force'', 2022/2024, $9,100,000;
``Procurement, Space Force'', 2022/2024, $7,000,000;
``Research, Development, Test and Evaluation, Army'', 2022/
2023, $26,700,000;
``Research, Development, Test and Evaluation, Air Force'',
2022/2023, $117,727,000;
``Research, Development, Test and Evaluation, Space Force'',
2022/2023, $113,400,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', XXXX/XXXX, $30,000,000.
Sec. 8048. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8049. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains of United
States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8050. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8051. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8052. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8053. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget. The Secretary of each military
department, the Director of each Defense Agency, and the head of each
other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the
budget justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed accounting of
the Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides taken from programs, projects,
or activities within such department, agency, or component during the
most recently completed fiscal year.
Sec. 8054. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during each
of the fiscal years 2016 through 2023 in which the authority in this
section was exercised.
Sec. 8057. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8058. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to an
individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit to
the congressional defense committees a certification in writing that
the status of such aircraft is due to a Class A mishap and not due to
lack of maintenance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the necessary steps taken by the Department of
Defense to meet the travel requirements for official or
representational duties of members of Congress and the Cabinet in
fiscal years 2023 and 2024.
Sec. 8059. (a) None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military forces
for operational training, operational use, or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping in accordance with an approved test strategy,
and test activities preceding and leading to acceptance for operational
use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time of
submittal to Congress of the budget of the President for fiscal year
2024 pursuant to section 1105 of title 31, United States Code:
Provided, That this restriction does not apply to programs funded
within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2024 pursuant
to section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of funds
requested in research, development, test and evaluation accounts for
end-items used in development, prototyping and test activities
preceding and leading to acceptance for operational use: Provided,
That the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were used for
such item: Provided further, That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President
for fiscal year 2024 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2024 in research,
development, test and evaluation accounts are in compliance with this
section: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start defense
innovation acceleration or rapid prototyping program demonstration
project with a value of more than $5,000,000 may only be obligated 15
days after a report, including a description of the project, the
planned acquisition and transition strategy and its estimated annual
and total cost, has been provided in writing to the congressional
defense committees: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national interest to
do so.
Sec. 8062. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8065. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or their designee, may waive payment of
all or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or their
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $158,967,374 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8067. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
(including transfer of funds)
Sec. 8068. In addition to amounts made available elsewhere in this
Act, $200,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the United States Africa Command or
United States Southern Command to expand cooperation or improve the
capabilities of our allies and partners in their areas of operation:
Provided, That none of the funds provided under this section may be
obligated or expended until 60 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, That not less than 30 days prior to any transfer of
funds, the Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided further, That
upon transfer, the funds shall be merged with and available for the
same purposes, and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this section is in addition to any other transfer
authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8071. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8072. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 3601 of title 10, United States Code, as added by
section 804(a) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently to the
Subcommittees on Defense of the Committees on Appropriations of the
House of Representatives and the Senate.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$80,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $127,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program; $40,000,000 shall be for co-production activities of
SRBMD systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production agreement for
SRBMD, as amended; $80,000,000 shall be for an upper-tier component to
the Israeli Missile Defense Architecture, of which $80,000,000 shall be
for co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier, as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range, ground and
airborne, detection suite: Provided further, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
Sec. 8074. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,312,646,000 shall be
available until September 30, 2023, to fund prior year shipbuilding
cost increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2023: Carrier Replacement Program, $461,700,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2023: Virginia Class Submarine Program, $46,060,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2023: DDG-51 Destroyer, $30,231,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2015/2023: Littoral Combat Ship, $4,250,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: DDG-51 Destroyer, $24,238,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: Virginia Class Submarine Program, $58,642,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: TAO Fleet Oiler, $9,200,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: Littoral Combat Ship, $18,000,000;
(9) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: CVN Refueling Overhauls, $62,000,000;
(10) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2023: Towing, Salvage, and Rescue Ship Program, $1,750,000;
(11) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2023: DDG-51 Destroyer, $168,178,000;
(12) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2023: LPD-17, $17,739,000;
(13) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2023: LHA Replacement Program, $19,300,000;
(14) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2023: Littoral Combat Ship, $29,030,000;
(15) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2023: DDG-51 Destroyer, $5,930,000;
(16) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2023: Littoral Combat Ship, $9,538,000;
(17) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2023: TAO Fleet Oiler, $12,500,000;
(18) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2023: Towing, Salvage, and Rescue Ship Program, $2,800,000;
(19) Under the heading ``Shipbuilding and Conversion, Navy'',
2019/2023: Littoral Combat Ship, $6,983,000;
(20) Under the heading ``Shipbuilding and Conversion, Navy'',
2019/2023: TAO Fleet Oiler, $106,400,000;
(21) Under the heading ``Shipbuilding and Conversion, Navy'',
2019/2023: Towing, Salvage, and Rescue Ship Program, $2,450,000;
(22) Under the heading ``Shipbuilding and Conversion, Navy'',
2021/2023: Virginia Class Submarine Program, $200,000,000; and
(23) Under the heading ``Shipbuilding and Conversion, Navy'',
2021/2023: Towing, Salvage, and Rescue Ship Program, $15,727,000.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2023 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8079. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning the USS Fort
Worth, the USS Wichita, the USS Billings, the USS Indianapolis, or the
USS St. Louis.
Sec. 8080. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2024, and except for funds appropriated
for the purchase of real property, which shall remain available until
September 30, 2025.
Sec. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8085. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2023: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8086. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2023 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 of this Act.
Sec. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8088. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$168,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8091. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8092. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8093. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2023.
Sec. 8094. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $133,000,000, to remain
available for obligation until September 30, 2027, may be used for the
purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section 2218 of
title 10, United States Code, none of these funds shall be transferred
to the National Defense Sealift Fund for execution.
Sec. 8095. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8096. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 8097. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8098. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $589,325,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8099. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8100. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders for
shipboard cranes; and anchor chains, specifically for the seventh and
subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the Secretary of
the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program
beginning not later than with the eleventh ship of the program.
Sec. 8101. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair Ship or the
T-AGOS(X) Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8102. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section 804(d)
of the National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 2302 note); or
(2) credited to a military-department specific fund established
under section 804(d)(2) of the National Defense Authorization Act
for Fiscal Year 2016 (as amended by section 897 of the National
Defense Authorization Act for Fiscal Year 2017).
Sec. 8103. From funds made available in title II of this Act, the
Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central
Command area of responsibility: (1) passenger motor vehicles up to a
limit of $75,000 per vehicle; and (2) heavy and light armored vehicles
for the physical security of personnel or for force protection purposes
up to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8104. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8105. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended by
the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate
for customary ceremonial honors, operational military units, or
operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8106. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8107. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight of the ``Explanation of Project Level
Adjustments'' tables in the explanatory statement regarding this Act,
may be used for expenses for the agile research, development, test and
evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE 0608197V);
(6) Global Command and Control System (PE 0303150K); and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal
year 2023.
Sec. 8108. In addition to amounts provided elsewhere in this Act,
there is appropriated $686,500,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Local Defense
Community Cooperation of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools: Provided
further, That in making such funds available, the Office of Local
Defense Community Cooperation or the Secretary of Education shall give
priority consideration to those military installations with schools
having the most serious capacity or facility condition deficiencies as
determined by the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local educational
agency or State shall provide a matching share as described in the
notice titled ``Department of Defense Program for Construction,
Renovation, Repair or Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the Federal
Register on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided
further, That these provisions apply to funds provided under this
section, and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public schools on
military installations in order to address capacity or facility
condition deficiencies at such schools to the extent such funds remain
unobligated on the date of enactment of this section.
Sec. 8109. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 8110. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $300,000,000, to remain available until
September 30, 2024, shall be for the Ukraine Security Assistance
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including training; equipment; lethal
assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and
national security forces of Ukraine, and to other forces or groups
recognized by and under the authority of the Government of Ukraine,
including governmental entities within Ukraine, engaged in resisting
Russian aggression against Ukraine, for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment procured
using funds made available in this section in this or prior Acts:
Provided further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of any
such obligation: Provided further, That the Secretary of Defense
shall, not more than 60 days after such notification is made, inform
such committees if such funds have not been obligated and the reasons
therefor: Provided further, That the Secretary of Defense shall
consult with such committees in advance of the provision of support
provided to other forces or groups recognized by and under the
authority of the Government of Ukraine: Provided further, That the
United States may accept equipment procured using funds made available
in this section in this or prior Acts transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made available in
this section in this or prior Acts, and not yet transferred to the
military or national security forces of Ukraine or to other assisted
entities, or returned by such forces or other assisted entities to the
United States, may be treated as stocks of the Department of Defense
upon written notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use and status
of funds made available in this section.
Sec. 8111. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8112. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,510,260,000, to remain available until
September 30, 2024, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
Sec. 8113. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $410,000,000, to remain available until
September 30, 2024, shall be available to reimburse Jordan, Lebanon,
Egypt, Tunisia, and Oman under section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for
enhanced border security, of which not less than $150,000,000 shall be
for Jordan: Provided, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this section,
notify the congressional defense committees in writing of the details
of any planned obligation and the nature of the expenses incurred:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8114. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8115. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8116. None of the funds made available by this Act may be
made available for any member of the Taliban.
Sec. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 of this Act.
Sec. 8118. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military
equipment for, the Government of the Syrian Arab Republic;
(2) the armed forces of the Russian Federation have withdrawn
from Ukraine; and
(3) agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine
over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
(including transfer of funds)
Sec. 8119. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $1,000,000,000, to remain
available until September 30, 2024, is hereby appropriated to the
Department of Defense and made available for transfer only to other
appropriations available to the Department of Defense in Department of
Defense Appropriations Acts: Provided, That such funds shall be
available to the Secretary of Defense for the purpose of conducting
activities relating to improvements of infrastructure and defueling at
the Red Hill Bulk Fuel Storage Facility: Provided further, That
amounts transferred pursuant to this appropriation shall be merged
with, and be available for the same purposes and time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided in this
section, such amounts may be transferred back to this section:
Provided further, That the transfer authority provided pursuant to this
section is in addition to any other transfer authority provided by law:
Provided further, That not less than 30 days prior to any transfer of
funds pursuant to this section, the Secretary of Defense shall notify
the congressional defense committees of the details of any such
transfer: Provided further, That not later than 60 days after the
enactment of this Act and every 30 days thereafter through fiscal year
2024, the Secretary of Defense shall submit a report to the Committees
on Appropriations of the House of Representatives and Senate, setting
forth all categories and amounts of obligations and expenditures made
under the authority provided in this section.
Sec. 8120. (a) Notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may transfer to the Secretary of
State, for use by the United States Agency for International
Development, amounts to be used for the Bien Hoa dioxin cleanup in
Vietnam.
(b) Not more than $15,000,000 may be transferred in each of fiscal
years 2024 through 2030 under the transfer authority in subsection (a).
(c) The transfer authority in subsection (a) is in addition to any
other transfer authority available to the Department of Defense.
(d) If the Secretary of Defense determines to use the transfer
authority in subsection (a), the Secretary shall notify the
congressional defense committees of that determination not later than
30 days before the Secretary uses the transfer authority.
(including transfer of funds)
Sec. 8121. In addition to amounts appropriated in title III, title
IV, or otherwise made available elsewhere in this Act, $1,052,501,000
is hereby appropriated to the Department of Defense and made available
for transfer to the procurement and research, development, test and
evaluation accounts of the Army, Navy, Marine Corps, Air Force, and
Space Force to reflect revised economic assumptions: Provided, That
the transfer authority provided under this section is in addition to
any other transfer authority provided elsewhere in this Act: Provided
further, That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such
funds.
Sec. 8122. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $956,400,000.
Sec. 8123. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the
program authorized by section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291), or under the heading ``Iraq Train and Equip
Fund'' for the program authorized by section 1236 of such Act, and not
yet transferred to authorized recipients may be transferred to foreign
security forces, irregular forces, groups, or individuals, authorized
to receive assistance using amounts provided under the heading
``Counter-ISIS Train and Equip Fund'' in this Act: Provided, That such
equipment may be transferred 15 days following written notification to
the congressional defense committees.
Sec. 8124. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $25,000,000, to remain available until
September 30, 2024, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations to counter
the Islamic State of Iraq and Syria: Provided, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, based
on documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following written notification to the appropriate congressional
committees: Provided further, That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military and stability operations to counter the Islamic
State of Iraq and Syria, and 15 days following written notification to
the appropriate congressional committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
Sec. 8125. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall include
embryo cryopreservation and storage without limitation on the
duration of such cryopreservation and storage.
Sec. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8127. Funds awarded pursuant to the authority in section 8085
of the Department of Defense Appropriations Act, 2010 (Public Law 111-
118) to the Edward M. Kennedy Institute for the Senate may be used for
facility operations and maintenance, and program activities, without
regard to any previous endowment disbursement limitations.
Sec. 8128. The Secretary of Defense shall notify the congressional
defense committees in writing not more than 30 days after the receipt
of any contribution of funds received from the government of a foreign
country for any purpose relating to the stationing or operations of the
United States Armed Forces: Provided, That such notification shall
include the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such contribution
was accepted by the Secretary of Defense: Provided further, That not
fewer than 15 days prior to obligating such funds, the Secretary of
Defense shall submit to the congressional defense committees in writing
a notification of the planned use of such contributions, including
whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8129. (a) The Chairman of the Joint Chiefs, in coordination
with the Secretaries of the military departments and the Chiefs of the
Armed Forces, shall submit to the congressional defense committees, not
later than 30 days after the last day of each quarter of the fiscal
year, a report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2023.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units that
participated in each such activity or exercise (including an
estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget line
item (with a breakdown by cost element such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8130. Not later than 15 days after the date on which any
foreign base that involves the stationing or operations of the United
States Armed Forces, including a temporary base, permanent base, or
base owned and operated by a foreign country, is opened or closed, the
Secretary of Defense shall notify the congressional defense committees
in writing of the opening or closing of such base: Provided, That such
notification shall also include information on any personnel changes,
costs, and savings associated with the opening or closing of such base.
Sec. 8131. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States Armed Forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8132. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8133. Nothing in this Act may be construed as authorizing the
use of force against Iran or the Democratic People's Republic of Korea.
Sec. 8134. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq or Syria.
Sec. 8135. None of the funds made available by this Act under the
heading ``Counter-ISIS Train and Equip Fund'', and under the heading
``Operation and Maintenance, Defense-Wide'' for Department of Defense
security cooperation grant programs, may be used to procure or transfer
man-portable air defense systems.
Sec. 8136. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 8137. None of the funds made available by this Act may be
used to support any activity conducted by, or associated with, the
Wuhan Institute of Virology.
Sec. 8138. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8139. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8140. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8141. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8142. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8143. None of the funds made available by this Act may be
used to fund any work to be performed by EcoHealth Alliance, Inc. in
China on research supported by the government of China unless the
Secretary of Defense determines that a waiver to such prohibition is in
the national security interests of the United States and, not later
than 14 days after granting such a waiver, submits to the congressional
defense committees a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective recipient
of such funds (including any third-party entity recipient, as
applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines appropriate.
Sec. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Defense Fund for fiscal year 2023 pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the account specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and Science
Act Fiscal Year 2023'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of
the CHIPS Act of 2022 only in amounts that are no more than the
allocation for such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
(d) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Defense shall provide the Committees on
Appropriations of the House of Representatives and Senate quarterly
reports on the status of balances of projects and activities funded by
the CHIPS for America Defense Fund for amounts allocated pursuant to
subsection (a) of this section, including all uncommitted, committed,
and unobligated funds.
Sec. 8145. The Secretary of the Navy shall continue to provide pay
and allowances to Lieutenant Ridge Alkonis, United States Navy, until
such time as the Secretary of the Navy makes a determination with
respect to the separation of Lieutenant Alkonis from the Navy.
This division may be cited as the ``Department of Defense
Appropriations Act, 2023''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $172,500,000, to
remain available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,808,800,000, to remain available until expended; of which
$75,518,000, to be derived from the Harbor Maintenance Trust Fund,
shall be to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program; and
of which such sums as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways Trust
Fund, except as otherwise specifically provided for in law: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $370,000,000, to remain
available until expended, of which $15,390,000, to be derived from the
Harbor Maintenance Trust Fund, shall be to cover the Federal share of
eligible operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both Houses
of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $5,078,500,000, to remain available until
expended, of which $2,227,092,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share of eligible
operations and maintenance costs for coastal harbors and channels, and
for inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected; and of
which $56,000,000, to be derived from the general fund of the Treasury,
shall be to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and
shall be designated as being for such purpose pursuant to paragraph
(2)(B) of section 14003 of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136): Provided, That 1
percent of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects, or activities: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $218,000,000, to remain
available until September 30, 2024.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $400,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $215,000,000, to remain available until September 30, 2024, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2024: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), to specific programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and guaranteed
loan programs authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $7,200,000, to remain available until September
30, 2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2023, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the Committees on Appropriations of both Houses of Congress of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study, or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity that did
not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $23,000,000, to remain available until expended, of
which $5,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,600,000 shall be available until
September 30, 2024, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2023, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,880,000 for administrative expenses.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,787,151,000, to remain available until expended, of
which $22,165,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $7,584,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That $500,000 shall be available for transfer into the Aging
Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)):
Provided further, That such transfers, except for the transfer
authorized by the preceding proviso, may be increased or decreased
within the overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund, the Water Storage Enhancement
Receipts account established by section 4011(e) of Public Law 114-322,
or the Bureau of Reclamation special fee account established by 16
U.S.C. 6806 shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which the funds were contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts made available under this heading,
$10,000,000 shall be deposited in the San Gabriel Basin Restoration
Fund established by section 110 of title I of division B of appendix D
of Public Law 106-554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall be
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall be
for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public Law
114-322 and as recommended by the Secretary in a letter dated November
30, 2022, funding provided for such purpose in fiscal years 2021 and
2022 shall be made available to the Los Vaqueros Reservoir Expansion
Project Phase 2, and the North-of-the-Delta Off Stream Storage (Sites
Reservoir Project): Provided further, That in accordance with section
4009(a) of Public Law 114-322 and as recommended by the Secretary in a
letter dated November 30, 2022, funding provided for such purpose in
fiscal year 2022 shall be made available to the El Paso Water Utilities
Public Service Board: Provided further, That in accordance with
section 4009(c) of Public Law 114-322 and as recommended by the
Secretary in a letter dated November 30, 2022, funding provided for
such purpose in fiscal year 2022 shall be made available to the Eastern
Municipal Water District.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, such sums as may be collected in fiscal
year 2023 in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of Calfed Program management: Provided further,
That Calfed implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2024, $65,079,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase and replacement of not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2023, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
both Houses of Congress;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of both Houses of
Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of both Houses of
Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) Except as provided in subsections (a) and (b), the amounts made
available in this title under the heading ``Bureau of Reclamation--
Water and Related Resources'' shall be expended for the programs,
projects, and activities specified in the ``Final Bill'' columns in the
``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$750,000,000'' and inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 204 of
division D of Public Law 117-103, shall be applied by substituting
``2023'' for ``2022'' each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed Bay-
Delta Authorization Act) is amended by striking ``$25,000,000'' and
inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) shall be applied by substituting ``2023''
for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by
substituting ``2023'' for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2023''
for ``2022'' and by substituting ``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 529(b)(3) of the Water Resources Development Act
of 2000 (Public Law 106-541) as amended, is amended by striking
``$30,000,000'' and inserting ``$40,000,000''.
Sec. 208. None of the funds made available by this Act may be used
for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and
Related Agencies Appropriations Act, 2020 and prior to enactment of
this Act by the Secretary of the Interior and transmitted to the
appropriate committees of Congress pursuant to section 4007 of the
Water Infrastructure Improvements for the Nation Act (Public Law 114-
322) if such project is not named in this Act, Public Law 116-260, or
Public Law 117-43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $3,460,000,000, to
remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2024, for program
direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $200,000,000, to remain available until expended: Provided,
That of such amount, $25,143,000 shall be available until September 30,
2024, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $350,000,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall be
available until September 30, 2024, for program direction.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,473,000,000, to remain available until
expended, of which $20,000,000 shall be transferred to ``Department of
Energy--Energy Programs--Science'', for hot cells operations and
maintenance: Provided, That of such amount, $85,000,000 shall be
available until September 30, 2024, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy Policy
Act of 2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Final Bill'' column
in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out fossil
energy and carbon management research and development activities, under
the authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $890,000,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until September 30,
2024, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$221,968,652, to remain available until expended, for projects
specified in the table that appears under the heading ``Community
Project Funding and Congressionally Directed Spending of Energy
Projects'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,004,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $207,175,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), section 32204 of the Fixing America's Surface
Transportation Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to
remain available until expended: Provided, That of the unobligated
balances from amounts deposited under this heading pursuant to section
167(b)(3) of the Energy Policy and Conservation Act (42 U.S.C.
6247(b)(3)), $2,052,000,000 is hereby permanently rescinded not later
than September 30, 2023.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $135,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of one passenger motor
vehicle, $358,583,000, to remain available until expended: Provided,
That in addition, fees collected pursuant to subsection (b)(1) of
section 6939f of title 42, United States Code, and deposited under this
heading in fiscal year 2023 pursuant to section 309 of title III of
division C of Public Law 116-94 are appropriated, to remain available
until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$879,052,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$14,800,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles,
including one ambulance, for replacement only, $8,100,000,000, to
remain available until expended: Provided, That of such amount,
$211,211,000 shall be available until September 30, 2024, for program
direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, $10,205,000, to
remain available until expended, which shall be derived from the
Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $22,098,000, to remain available
until expended: Provided, That of such amount, $13,183,000 shall be
available until September 30, 2024, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for clean energy demonstrations in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $89,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
available until September 30, 2024, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $470,000,000, to remain available until expended:
Provided, That of such amount, $37,000,000 shall be available until
September 30, 2024, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to
remain available until September 30, 2024: Provided further, That up
to $66,206,000 of fees collected in fiscal year 2023 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2024: Provided further, That to the
extent that fees collected in fiscal year 2023 exceed $66,206,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2023 (estimated at
$35,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2023 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in the
first proviso of section 1425 of the Department of Defense and Full-
Year Continuing Appropriations Act, 2011 (Public Law 112-10) for the
cost of loan guarantees under section 1703 of the Energy Policy Act of
2005, $150,000,000 are hereby permanently rescinded: Provided, That,
subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for eligible projects under title XVII
of the Energy Policy Act of 2005, shall not exceed a total principal
amount of $15,000,000,000, to remain available until committed:
Provided further, That the amounts provided under this paragraph are in
addition to those provided in any other Act: Provided further, That
for amounts collected pursuant to section 1702(b)(2) of the Energy
Policy Act of 2005, the source of such payment received from borrowers
may not be a loan or other debt obligation that is guaranteed by the
Federal Government: Provided further, That none of such loan guarantee
authority made available under this paragraph shall be available for
commitments to guarantee loans for any projects where funds, personnel,
or property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected be used
(directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases, procurements,
sales, other transaction authority, or other arrangements, to support
the project or to obtain goods or services from the project: Provided
further, That the preceding proviso shall not be interpreted as
precluding the use of the loan guarantee authority provided under this
paragraph for commitments to guarantee loans for: (1) projects as a
result of such projects benefitting from otherwise allowable Federal
income tax benefits; (2) projects as a result of such projects
benefitting from being located on Federal land pursuant to a lease or
right-of-way agreement for which all consideration for all uses is: (A)
paid exclusively in cash; (B) deposited in the Treasury as offsetting
receipts; and (C) equal to the fair market value as determined by the
head of the relevant Federal agency; (3) projects as a result of such
projects benefitting from Federal insurance programs, including under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly
known as the ``Price-Anderson Act''); or (4) electric generation
projects using transmission facilities owned or operated by a Federal
Power Marketing Administration or the Tennessee Valley Authority that
have been authorized, approved, and financed independent of the project
receiving the guarantee: Provided further, That none of the loan
guarantee authority made available under this paragraph shall be
available for any project unless the Director of the Office of
Management and Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under this
paragraph.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $9,800,000, to remain available until September 30, 2024.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2024: Provided, That in this
fiscal year and subsequent fiscal years, under section 2602(c) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy
may also provide direct loans, as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further,
That such direct loans shall be made through the Federal Financing
Bank, with the full faith and credit of the United States Government on
the principal and interest: Provided further, That any funds
previously appropriated for the cost of loan guarantees under section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also
be used, in this fiscal year and subsequent fiscal years, for the cost
of direct loans provided under such section of such Act: Provided
further, That for the cost of direct loans for the Tribal Energy Loan
Guarantee Program as provided for in the preceding three provisos and
for the cost of guaranteed loans for such program under section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, to
remain available until expended: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a).
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$14,000,000 shall be available until September 30, 2024, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$383,578,000, to remain available until September 30, 2024, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $100,578,000 in fiscal year
2023 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2023 appropriation from the general fund estimated at not more than
$283,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$86,000,000, to remain available until September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $17,116,119,000, to
remain available until expended: Provided, That of such amount,
$130,070,000 shall be available until September 30, 2024, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,490,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $2,081,445,000,
to remain available until expended, of which, $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $58,525,000 shall be available until September 30, 2024, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $475,000,000, to remain
available until September 30, 2024, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $7,025,000,000, to
remain available until expended: Provided, That of such amount,
$317,002,000 shall be available until September 30, 2024, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$586,035,000, to be deposited into the Defense Environmental Cleanup
account, which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,035,000,000, to remain available until expended:
Provided, That of such amount, $364,734,000 shall be available until
September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph
Hatchery Water Quality Project, and Umatilla Hatchery Facility Project
and, in addition, for official reception and representation expenses in
an amount not to exceed $5,000: Provided, That during fiscal year
2023, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,173,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $8,173,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$78,696,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $53,488,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $42,880,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $10,608,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $299,573,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $299,573,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023 appropriation
estimated at not more than $98,732,000, of which $98,732,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $6,102,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2023 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2023, the
Administrator of the Western Area Power Administration may accept up to
$1,598,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $508,400,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $508,400,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2023 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2023 so as to result in a
final fiscal year 2023 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered
by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A) or (B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A) or
(B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 306. No funds shall be transferred directly from ``Department
of Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. All unavailable collections currently in the United
States Enrichment Corporation Fund shall be transferred to and merged
with the Uranium Enrichment Decontamination and Decommissioning Fund
and shall be available only to the extent provided in advance in
appropriations Acts.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2) of
Public Law 117-58, paragraph (3) of section 1702(r) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section
40401(c)(2)(C) of Public Law 117-58, and subsection (l) of section 136
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(l)), are hereby repealed.
Sec. 309. (a) Hereafter, for energy development, demonstration, and
deployment programs funded under Department of Energy appropriations
(other than those for the National Nuclear Security Administration and
Office of Environmental Management) provided for fiscal year 2022, the
current fiscal year, or any fiscal year thereafter (including by Acts
other than appropriations Acts), the Secretary may vest unconditional
title or other property interests acquired under projects in an award
recipient, subrecipient, or successor in interest, including the United
States, at the conclusion of the award period for projects receiving an
initial award in fiscal year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection (a) in
an award recipient, subrecipient, or successor in interest other than
the United States, the United States shall have no liabilities or
obligations to the property.
(c) For purposes of this section, the term ``property interest''
does not include any interest in intellectual property developed using
funding provided under a project.
Sec. 310. None of the funds made available in this title may be
used to support a grant allocation award, discretionary grant award, or
cooperative agreement that exceeds $100,000,000 in Federal funding
unless the project is carried out through internal independent project
management procedures.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, and for
expenses necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $41,401,000, to
remain available until September 30, 2024, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $30,100,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $17,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects for which the Denali Commission is
the sole or primary funding source in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for any project for which the Denali Commission is not
the sole or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $40,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $20,000,000, to remain available until
expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $911,384,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2024:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $777,498,000
in fiscal year 2023 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2023 so as to result in a final fiscal year 2023
appropriation estimated at not more than $133,886,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$15,769,000, to remain available until September 30, 2024: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $12,655,000 in fiscal year 2023
shall be retained and be available until September 30, 2024, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2023 so as to result in a final fiscal year
2023 appropriation estimated at not more than $3,114,000: Provided
further, That of the amounts appropriated under this heading,
$1,520,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,945,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2024.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2023''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities, $273,882,000, of which not
less than $12,000,000 shall be available for the administration of
financial assistance, in addition to amounts otherwise available for
such purposes: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in
the United States, $21,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available in addition to any
other funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided further, That
the total amount appropriated under this heading from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2023, so as to result in a total appropriation from the
general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $216,059,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$12,000,000 shall remain available until September 30, 2024.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $100,000,000, to remain
available until September 30, 2025: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $6,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $11,118,000, to
remain available until September 30, 2025: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$48,878,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2024, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $174,250,000, of which $5,000,000 shall remain
available until September 30, 2024; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $9,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $25,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$190,193,000, of which not to exceed $55,000,000 shall remain available
until September 30, 2025.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $372,485,000; of which not to exceed $8,000,000, to remain
available until September 30, 2025, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$148,863,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2024, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2023 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
(1) not less than $196,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2024, for financial
assistance and technical assistance under subparagraphs (A) and (B)
of section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be
available for training and outreach under section 109 of Public Law
103-325 (12 U.S.C. 4708), of which up to $3,153,750 may be used for
the cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law 103-325
(12 U.S.C. 4707(d)), may be available to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions to expand investments
that benefit individuals with disabilities, and of which up to
$2,000,000 shall be for the Economic Mobility Corps to be operated
in conjunction with the Corporation for National and Community
Service, pursuant to 42 U.S.C. 12571: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount
of direct loans not to exceed $25,000,000: Provided further, That
of the funds provided under this paragraph, excluding those made to
community development financial institutions to expand investments
that benefit individuals with disabilities and those made to
community development financial institutions that serve populations
living in persistent poverty counties, the CDFI Fund shall
prioritize Financial Assistance awards to organizations that invest
and lend in high-poverty areas: Provided further, That for
purposes of this section, the term ``high-poverty area'' means any
census tract with a poverty rate of at least 20 percent as measured
by the 2016-2020 5-year data series available from the American
Community Survey of the Bureau of the Census for all States and
Puerto Rico or with a poverty rate of at least 20 percent as
measured by the 2010 Island areas Decennial Census data for any
territory or possession of the United States;
(2) not less than $25,000,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2024, for financial assistance, technical assistance,
training, and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native communities and
provided primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, Tribes and Tribal organizations, and other suitable
providers;
(3) not less than $35,000,000 is available until September 30,
2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2024, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) not less than $9,000,000 is available until September 30,
2024, to provide grants for loan loss reserve funds and to provide
technical assistance for small dollar loan programs under section
122 of Public Law 103-325 (12 U.S.C. 4719): Provided, That
sections 108(d) and 122(b)(2) of such Public Law shall not apply to
the provision of such grants and technical assistance;
(6) up to $35,000,000 is available for administrative expenses,
including administration of CDFI Fund programs and the New Markets
Tax Credit Program, of which not less than $1,000,000 is for the
development of tools to better assess and inform CDFI investment
performance and CDFI program impacts, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(7) during fiscal year 2023, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $500,000,000:
Provided further, That such section 114A shall remain in effect
until December 31, 2023: Provided further, That of the funds
awarded under this heading, except those provided for the Economic
Mobility Corps, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term ``persistent
poverty counties'' means any county, including county equivalent
areas in Puerto Rico, that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by
the 1990 and 2000 decennial censuses and the 2016-2020 5-year data
series available from the American Community Survey of the Bureau
of the Census or any other territory or possession of the United
States that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000 and
2010 Island Areas Decennial Censuses, or equivalent data, of the
Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,780,606,000, of which not to exceed
$100,000,000 shall remain available until September 30, 2024, of which
not less than $11,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $26,000,000 shall be available
for low-income taxpayer clinic grants, including grants to individual
clinics of up to $200,000, of which not less than $40,000,000, to
remain available until September 30, 2024, shall be available for the
Community Volunteer Income Tax Assistance Matching Grants Program for
tax return preparation assistance, and of which not less than
$236,000,000 shall be available for operating expenses of the Taxpayer
Advocate Service: Provided, That of the amounts made available for the
Taxpayer Advocate Service, not less than $7,000,000 shall be for
identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2024; of which
not less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program; and of which not to exceed $25,000,000 shall be
for investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance and security; the
hire of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2024; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2025, for research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing major information technology investments
in the Internal Revenue Service Integrated Modernization Business Plan
portfolio, including detailed, plain language summaries on the status
of plans, costs, and results; prior results and actual expenditures of
the prior quarter; upcoming deliverables and costs for the fiscal year;
risks and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year: Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2024, a summary of
cost and schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States
Code, funds appropriated to the Internal Revenue Service in this Act
may be used to provide passenger carrier transportation and protection
between the Commissioner of Internal Revenue's residence and place of
employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2023 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2023.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 123. During fiscal year 2023--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and
the Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 126. In addition to amounts otherwise available, there is
appropriated to the Special Inspector General for Pandemic Recovery,
$12,000,000, to remain available until expended, for necessary expenses
in carrying out section 4018 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
Sec. 127. Section 127 of the Department of the Treasury
Appropriations Act, 2019 (title I of division D of Public Law 116-6) is
amended by inserting before the period at the end the following: ``,
including public improvements in the area around such facility to
mitigate traffic impacts caused by the construction and occupancy of
the facility''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,609,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,500,000,
to remain available until expended, for required maintenance,
resolution of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,903,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $17,901,000, of which not to exceed $10,000 shall be available
for official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $115,463,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That of the amounts provided under this
heading, up to $7,000,000 shall be available for a program to provide
payments (such as stipends, subsistence allowances, cost
reimbursements, or awards) to students, recent graduates, and veterans
recently discharged from active duty who are performing voluntary
services in the Executive Office of the President under section 3111(b)
of title 5, United States Code, or comparable authority and shall be in
addition to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not be
considered compensation for purposes of such section 3111(b) and may be
paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $128,035,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly: Provided further, That no later than
14 days after the submission of the budget of the United States
Government for fiscal year 2024, the Director of the Office of
Management and Budget shall make publicly available on a website a
tabular list for each agency that submits budget justification
materials (as defined in section 3 of the Federal Funding
Accountability and Transparency Act of 2006) that shall include, at
minimum, the name of the agency, the date on which the budget
justification materials of the agency were submitted to Congress, and a
uniform resource locator where the budget justification materials are
published on the website of the agency.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,902,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), $21,926,000, of which not to exceed $5,000 shall
be available for official reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $21,500,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $302,000,000,
to remain available until September 30, 2024, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $5,800,000 may be used for auditing
services and associated activities and $1,500,000 shall be for the
Grants Management System for use by the Office of National Drug Control
Policy: Provided further, That any unexpended funds obligated prior to
fiscal year 2021 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2022, shall be funded at not
less than the fiscal year 2022 base level, unless the Director submits
to the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2023 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as
determined in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act: Provided further, That upon a
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein and
upon notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $137,120,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which not more
than $12,780,000 is for administrative expenses, and of which
$2,500,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by section 8204 of Public Law 115-271;
$3,000,000 for drug court training and technical assistance;
$15,250,000 for anti-doping activities; up to $3,420,000 for the United
States membership dues to the World Anti-Doping Agency; $1,250,000 for
the Model Acts Program; and $5,200,000 for activities authorized by
section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal
departments and agencies to carry out such activities: Provided
further, That the Director of the Office of National Drug Control
Policy shall, not fewer than 30 days prior to obligating funds under
this heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2024.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $13,700,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $6,076,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $321,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2023, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period beginning
in fiscal year 2023; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2023 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
issue a memorandum to all Federal departments, agencies, and
corporations directing compliance with the provisions in title VII of
this Act.
Sec. 204. In fiscal year 2023 and each fiscal year thereafter--(1)
the Office of Management and Budget shall operate and maintain the
automated system required to be implemented by section 204 of the
Financial Services and General Government Appropriations Act, 2022
(division E of Public Law 117-103) and shall continue to post each
document apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated footnotes, in a
format that qualifies each such document as an open Government data
asset (as that term is defined in section 3502 of title 44, United
States Code); and (2) the requirements specified in subsection (c), the
first and second provisos of subsection (d)(1), and subsection (d)(2)
of such section 204 shall continue to apply.
Sec. 205. For an additional amount for ``Office of National Drug
Control Policy--Salaries and Expenses'', $10,482,000, which shall be
for initiatives in the amounts and for the projects specified in the
table that appears under the heading ``Administrative Provisions--
Executive Office of the President and Funds Appropriated to the
President'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
none of the funds made available by this section may be transferred for
any other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2023''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $109,551,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $29,246,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,905,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,975,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,382,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court or Administrative Office of
the United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or
Administrative Office of the United States Courts operations, building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $750,163,000, of which not to exceed
$20,000,000 shall remain available until expended, to be expended
directly or transferred to the United States Marshals Service, which
shall be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts and
the Attorney General: Provided, That funds made available under this
heading may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary, United
States Marshals Service, Federal Protective Service, General Services
Administration, other Federal agencies, state and local governments and
the public; and, notwithstanding sections 331, 566(e)(1), and 566(i) of
title 28, United States Code, for identifying and pursuing the
voluntary redaction and reduction of personally identifiable
information on the internet of judges and other familial relatives who
live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $102,673,000, of which not to exceed $8,500 is authorized
for official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which $1,800,000 shall
remain available through September 30, 2024, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $21,641,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--the Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``31 years and 6 months'' and inserting ``32
years and 6 months''; and
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ``28 years and 6 months'' and inserting ``29 years and
6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``29 years and 6 months'' and
inserting ``30 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``20 years'' and
inserting ``21 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``19 years and 6 months'' and inserting
``20 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``18 years'' and inserting ``19
years''.
Sec. 307. Section 677 of title 28, United States Code, is amended
by adding at the end the following:
``(d) The Counselor, with the approval of the Chief Justice, shall
establish a retention and recruitment program that is consistent with
section 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1926) for
Supreme Court Police officers and other critical employees who agree in
writing to remain employed with the Supreme Court for a period of
service of not less than two years.''.
Sec. 308. Section 996(b) of title 28, United States Code, is
amended by inserting ``84 (Federal Employees' Retirement System),''
after ``83 (Retirement),''.
This title may be cited as the ``Judiciary Appropriations Act,
2023''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$30,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $291,068,000 to be
allocated as follows: for the District of Columbia Court of Appeals,
$15,055,000, of which not to exceed $2,500 is for official reception
and representation expenses; for the Superior Court of the District of
Columbia, $140,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of Columbia
Court System, $88,290,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $46,750,000, to
remain available until September 30, 2024, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to the
amounts appropriated herein, fees received by the District of Columbia
Courts for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.50): Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies: Provided
further, That of the unobligated balances from prior year
appropriations made available under this heading, $22,000,000, are
hereby rescinded not later than September 30, 2023.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$285,016,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$204,579,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons, of which $7,798,000 shall
remain available until September 30, 2025, for costs associated with
the relocation under replacement leases for headquarters offices, field
offices and related facilities: Provided further, That, of the funds
appropriated under this heading, $80,437,000 shall be available to the
Pretrial Services Agency, of which $998,000 shall remain available
until September 30, 2025, for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under this
heading may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $53,629,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of title 5,
United States Code: Provided further, That for the purposes of
engaging with, and receiving services from, Federal Franchise Fund
Programs established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of Columbia
Public Defender Service shall be considered an agency of the United
States Government: Provided further, That the District of Columbia
Public Defender Service may enter into contracts for the procurement of
severable services and multiyear contracts for the acquisition of
property and services to the same extent and under the same conditions
as an executive agency under sections 3902 and 3903 of title 41, United
States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,450,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2024, to the Commission on Judicial Disabilities and Tenure, $330,000,
and for the Judicial Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $1,750,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in section 3009 of
the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2023 Local Budget Act of 2022 (D.C. Act 24-486) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2023 under this
heading shall not exceed the estimates included in the Fiscal Year 2023
Local Budget Act of 2022, as amended as of the date of enactment of
this Act or the sum of the total revenues of the District of Columbia
for such fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2023, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2023''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,465,000, to
remain available until September 30, 2024, of which not to exceed
$1,000 is for official reception and representation expenses.
Barry Goldwater Scholarship and Excellence in Education Foundation
salaries and expenses
For payment to the Barry Goldwater Scholarship and Excellence in
Education Fund, established by section 1408 of Public Law 99-661 (20
U.S.C. 4707), for necessary expenses to carry out activities pursuant
to the Barry Goldwater Scholarship and Excellence in Education Act of
1986 (20 U.S.C. 4701 et seq.), $2,000,000, to remain available until
expended.
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$20,000,000 shall remain available until September 30, 2024, and of
which not less than $4,218,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $152,500,000, of which
$2,000,000 shall remain available until expended, to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004), and of which $2,000,000 shall remain available until
expended, to carry out the program, including administrative costs,
required by section 204 of the Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division
Q of Public Law 117-103).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2023, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $28,000,000, of which $1,500,000 shall be
made available to the National Institute of Standards and Technology
for election reform activities authorized under the Help America Vote
Act of 2002, and of which $1,000,000, to remain available until
expended, shall be for the Help America Vote College Program as
authorized by title V of the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be
deemed to be a State and, for purposes of sections 101(d)(2) and 103(a)
shall be treated in the same manner as the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ``Administrator of General
Services'' or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103 shall be
deemed to refer to ``$1,000,000'' and each reference to ``$1,000,000''
in section 103 shall be deemed to refer to ``$200,000'': Provided
further, That not later than two years after receiving a payment under
this heading, a State shall make available funds for such activities in
an amount equal to 20 percent of the total amount of the payment made
to the State under this heading: Provided further, That not later than
45 days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under this
heading: Provided further, That States shall submit quarterly
financial reports and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $390,192,000, to remain available until expended: Provided, That
$390,192,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of 1934,
shall be retained and used for necessary expenses and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2023 so as to result in a final fiscal year
2023 appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $132,231,000 for fiscal year 2023:
Provided further, That, of the amount appropriated under this heading,
not less than $12,131,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2022''
each place it appears and inserting ``December 31, 2023''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$47,500,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $81,674,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$29,400,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $430,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, fees collected in fiscal
year 2023 for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), (and
estimated to be $190,000,000 in fiscal year 2023) shall be retained and
used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That, notwithstanding any
other provision of law, fees collected to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.),
regardless of the year of collection (and estimated to be $20,000,000
in fiscal year 2023), shall be credited to this account, and be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced (1) as such
offsetting collections are received during fiscal year 2023 and (2) to
the extent that any remaining general fund appropriations can be
derived from amounts credited to this account as offsetting collections
in previous fiscal years that are not otherwise appropriated, so as to
result in a final fiscal year 2023 appropriation from the general fund
estimated at $48,000,000: Provided further, That, notwithstanding
section 605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a
note), none of the funds credited to this account as offsetting
collections in previous fiscal years that were unavailable for
obligation as of September 30, 2022, shall become available for
obligation except as provided in the preceding proviso: Provided
further, That none of the funds made available to the Federal Trade
Commission may be used to implement subsection (e)(2)(B) of section 43
of the Federal Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $10,013,150,000, of which--
(1) $807,809,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) and
remediation, in addition to amounts otherwise provided for such
purposes, as follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase Option,
$21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
Provided, That each of the foregoing limits of costs on
construction, acquisition, and remediation projects may be exceeded
to the extent that savings are effected in other such projects, but
not to exceed 20 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained from
the Committees on Appropriations of the House of Representatives
and the Senate of a greater amount;
(2) $662,280,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise provided
for such purposes, of which--
(A) $244,783,000 is for Major Repairs and Alterations as
follows:
Multiple Locations:
National Conveying Systems, $30,000,000;
National Capital Region:
Fire Alarm Systems, $40,000,000;
California:
San Francisco, Federal Building, $15,687,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000;
Massachusetts:
Boston, John J. Moakley U.S. Courthouse, $10,345,000;
Montana:
Butte, Mike Mansfield Federal Building and U.S. Courthouse,
$25,792,000;
New York:
New York, Alexander Hamilton U.S. Custom House, $68,497,000;
Ohio:
Cleveland, Carl B. Stokes U.S. Courthouse, $10,235,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
Post Office, $3,093,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse, $12,927,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and Custom
House, $17,978,000;
(B) $398,797,000 is for Basic Repairs and Alterations, of
which $3,000,000 is for repairs to the water feature at the
Wilkie D. Ferguson Jr. U.S. Courthouse in Miami, FL; and
(C) $18,700,000 is for Special Emphasis Programs as
follows:
Judiciary Capital Security Program, $18,700,000;
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 20 percent unless advance
approval is obtained from the Committees on Appropriations of the
House of Representatives and the Senate of a greater amount:
Provided further, That additional projects for which prospectuses
have been fully approved may be funded under this category only if
advance approval is obtained from the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That the amounts provided in this or any prior Act for ``Repairs
and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet
the minimum standards for security in accordance with current law
and in compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided further,
That the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading ``Repairs
and Alterations'', may be transferred to ``Basic Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects: Provided further, That the amount provided in this or
any prior Act for ``Basic Repairs and Alterations'' may be used to
pay claims against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,561,680,000 for rental of space to remain available
until expended; and
(4) $2,981,381,000 for building operations to remain available
until expended: Provided, That the total amount of funds made
available from this Fund to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2023, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy associated with the management of real and
personal property assets and certain administrative services;
Government-wide policy support responsibilities relating to
acquisition, travel, motor vehicles, information technology management,
and related technology activities; and services as authorized by 5
U.S.C. 3109; and evaluation activities as authorized by statute;
$71,186,000, of which $4,000,000 shall remain available until September
30, 2024.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, and management; the hire of zero-emission passenger
motor vehicles and supporting charging or fueling infrastructure; and
services as authorized by 5 U.S.C. 3109; $54,478,000, of which not to
exceed $7,500 is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$10,352,000, of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $74,583,000: Provided, That not
to exceed $3,000,000 shall be available for information technology
enhancements related to implementing cloud services, improving security
measures, and providing modern technology case management solutions:
Provided further, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the Government,
including payment for recovery of stolen Government property: Provided
further, That not to exceed $2,500 shall be available for awards to
employees of other Federal agencies and private citizens in recognition
of efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for expenses authorized by law, not otherwise provided for, in support
of interagency projects that enable the Federal Government to enhance
its ability to conduct activities electronically, through the
development and implementation of innovative uses of information
technology; $90,000,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred
to Federal agencies to carry out the purpose of the Federal Citizen
Services Fund: Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall be
available until expended for necessary expenses of Federal Citizen
Services and other activities that enable the Federal Government to
enhance its ability to conduct activities electronically in the
aggregate amount not to exceed $200,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2023 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That, of the
total amount appropriated, up to $5,000,000 shall be available for
support functions and full-time hires to support activities related to
the Administration's requirements under title II of the Foundations for
Evidence-Based Policymaking Act of 2018 (Public Law 115-435): Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $50,000,000, to remain
available until expended, for technology-related modernization
activities.
working capital fund
For the Working Capital Fund of the General Services
Administration, $5,900,000, to remain available until expended, for
necessary costs incurred by the Administrator to modernize rulemaking
systems and to provide support services for Federal rulemaking
agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2023 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2024
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to projects funded under the heading
``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. The Administrator of the General Services Administration
shall select a site from one of the three listed in the General
Services Administration (GSA) Fiscal Year 2017 PNCR-FBI-NCR17
prospectus for a new fully consolidated Federal Bureau of Investigation
(FBI) headquarters.
In considering the September 2022 and amended November 2022 GSA
Site Selection Plan for the FBI Suburban Headquarters, not later than
90 days after enactment of this Act, prior to any action by the GSA
site selection panel for the new Federal FBI headquarters, the GSA
Administrator shall conduct separate and detailed consultations with
individuals representing the sites from the State of Maryland and
Commonwealth of Virginia to further consider perspectives related to
mission requirements, sustainable siting and equity, and evaluate the
viability of the GSA's Site Selection Criteria for the FBI Headquarters
to ensure it is consistent with Congressional intent as expressed in
the resolution of the Committee on Environment and Public Works of the
Senate (112th Congress), adopted December 8, 2011 and further described
in the General Services Administration Fiscal Year 2017 PNCR-FBI-NCR17
prospectus. Following those consultations, the Administrator shall
proceed with the site selection process.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $3,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $49,655,000, to remain available until
September 30, 2024, and in addition not to exceed $2,345,000, to remain
available until September 30, 2024, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available for direct
expenditure until expended, of which, notwithstanding sections 8 and 9
of such Act, up to $1,000,000 shall be available to carry out the
activities authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That all
current and previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain available until
expended for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with the Inspector General Act
of 1978 (5 U.S.C. App.), as amended, and for annual independent
financial audits of the Morris K. Udall and Stewart L. Udall Foundation
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts transferred to the
Office of Inspector General of the Department of the Interior may be
transferred to the Morris K. Udall and Stewart L. Udall Foundation for
annual independent financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,943,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $427,520,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records, and of which up to $2,000,000 shall remain
available until expended to implement the Civil Rights Cold Case
Records Collection Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and museum exhibits, related equipment for public spaces, and to
provide adequate storage for holdings, $22,224,000, to remain available
until expended, of which no less than $7,250,000 is for upgrades to the
Carter Presidential Library in Atlanta, Georgia and of which $6,000,000
is for the Ulysses S. Grant Presidential Museum in Starkville,
Mississippi.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $12,000,000,
to remain available until expended, of which up to $2,000,000 shall be
to preserve and make publicly available the congressional papers of
former Members of the House and Senate.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $22,573,000,
which shall be for initiatives in the amounts and for the projects
specified in the table that appears under the heading ``Administrative
Provisions--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000 shall be
available until September 30, 2024, for technical assistance to low-
income designated credit unions: Provided, That credit unions
designated solely as minority depository institutions shall be eligible
to apply for and receive such technical assistance.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Representative Louise McIntosh
Slaughter Stop Trading on Congressional Knowledge Act of 2012,
including services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official reception and
representation expenses, $24,500,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $190,784,000:
Provided, That of the total amount made available under this heading,
$19,373,000 shall remain available until expended, for information
technology modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds otherwise
made available for such purposes: Provided further, That of the total
amount made available under this heading, $1,381,748 may be made
available for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal Procurement
Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the
recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $194,924,000 for administrative expenses,
to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2023, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission:
Provided further, That not to exceed 5 percent of amounts made
available under this heading may be transferred to an information
technology working capital fund established for purposes authorized by
subtitle G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40 U.S.C.
11301 note): Provided further, That the OPM Director shall notify, and
receive approval from, the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of any
transfer under the preceding proviso: Provided further, That amounts
transferred to such a fund under such transfer authority from any
organizational category of OPM shall not exceed 5 percent of each such
organizational category's budget as identified in the report required
by section 608 of this Act: Provided further, That amounts transferred
to such a fund shall remain available for obligation through September
30, 2026.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,908,000, and in addition, not to exceed $29,487,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $31,904,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $10,600,000, to
remain available until September 30, 2024.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $4,000,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $2,149,000,000, to remain available until
expended; of which not less than $18,979,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's District of Columbia headquarters facilities, not to
exceed $57,405,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities, not to
exceed $3,365,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2023, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2023:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $2,149,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$57,405,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $3,365,000 of such
offsetting collections shall be available until expended for move,
replication, and related costs under this heading associated with a
replacement lease for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2023 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2023 appropriation from the general fund estimated at
not more than $0: Provided further, That if any amount of the
appropriation for move, replication, and related costs associated with
a replacement lease for the Commission's District of Columbia
headquarters facilities or if any amount of the appropriation for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities is
subsequently de-obligated by the Commission, such amount that was
derived from the general fund shall be returned to the general fund,
and such amounts that were derived from fees or assessments collected
for such purpose shall be paid to each national securities exchange and
national securities association, respectively, in proportion to any
fees or assessments paid by such national securities exchange or
national securities association under section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) in fiscal year 2023.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $31,700,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $326,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2023: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2024:
Provided further, That $20,000,000 shall be available for costs
associated with the certification of small business concerns owned and
controlled by veterans or service-disabled veterans under sections 36A
and 36 of the Small Business Act (15 U.S.C. 657f-1; 657f),
respectively, and section 862 of Public Law 116-283, to be available
until September 30, 2024.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $320,000,000, to remain available until
September 30, 2024: Provided, That $140,000,000 shall be available to
fund grants for performance in fiscal year 2023 or fiscal year 2024 as
authorized by section 21 of the Small Business Act: Provided further,
That $41,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $20,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $10,211,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2023
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 and commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
$15,000,000,000: Provided further, That during fiscal year 2023
commitments for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act shall not exceed
$35,000,000,000 for a combination of amortizing term loans and the
aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2023 commitments to guarantee
loans for debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $5,000,000,000: Provided
further, That during fiscal year 2023, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $15,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
$165,300,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $179,000,000, to
be available until expended, of which $1,600,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $169,000,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $8,400,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses: Provided, That, of the funds provided under this heading,
$143,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by the Congress as being for disaster
relief pursuant to a concurrent resolution on the budget in the Senate
and section 1(f) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2026.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $179,710,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and acquisition
activities, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That, notwithstanding sections 2701.92 and 2701.93 of
title 2, Code of Federal Regulations, the Administrator of the Small
Business Administration may permit awards to subrecipients for
initiatives funded under this section: Provided further, That none of
the funds made available by this section may be transferred for any
other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $50,253,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall
continue to offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$271,000,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses, $57,300,000, of which
$1,000,000 shall remain available until expended: Provided, That the
amount made available under 26 U.S.C. 7475 shall be transferred and
added to any amounts available under 26 U.S.C. 7473, to remain
available until expended, for the operation and maintenance of the
United States Tax Court: Provided further, That travel expenses of the
judges shall be paid upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, except for transfers made pursuant
to the authority in section 3173(d) of title 40, United States Code,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2023, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation, detailing both full-time
employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation and its respective prior year enacted
level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 619. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 623. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 624. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II: Provided
further, That any such alternative mechanism shall maintain existing
high-cost support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 625. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission funded by this Act of more than $500,000 at any single
conference unless the agency or entity determines that such attendance
is in the national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended, shall
be provided for an additional amount for such purpose to the Inspectors
General Council Fund established pursuant to section 11(c)(3)(B) of the
Inspector General Act of 1978 (5 U.S.C. App.): Provided, That these
amounts shall be in addition to any amounts or any authority available
to the Council of the Inspectors General on Integrity and Efficiency
under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.).
Sec. 630. None of the funds made available by this Act may be
obligated on contracts in excess of $5,000 for public relations, as
that term is defined in Office and Management and Budget Circular A-87
(revised May 10, 2004), unless advance notice of such an obligation is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 631. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 632. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 634. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each appropriation, by the source year of the
appropriation.
Sec. 635. (a) Section 41002(c)(1) of Public Law 114-94 (42 U.S.C.
4370m-1(c)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Personnel.--The Executive Director of the Council may
appoint and fix the compensation of such employees as the
Executive Director considers necessary to carry out the roles
and responsibilities of the Executive Director.''.
(b) Section 41009(d)(2) of Public Law 114-94 (42 U.S.C. 4370m-
8(d)(2)) is amended by striking ``staffing of the Office of the
Executive Director'' and inserting ``appointing and fixing the
compensation of such employees as the Executive Director considers
necessary to carry out the roles and responsibilities of the Executive
Director''.
Sec. 636. (a) Designation.--The Federal building located at 90 7th
Street in San Francisco, California, shall be known and designated as
the ``Speaker Nancy Pelosi Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Speaker Nancy Pelosi Federal Building''.
Sec. 637. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $150,000,000 shall be permanently
rescinded not later than September 30, 2023.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2023 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $26,733 except station wagons for which
the maximum shall be $27,873: Provided, That these limits may be
exceeded by not to exceed $7,775 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of paragraphs (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 14057 (December 8,
2021), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-Wide
Policy'' during fiscal year 2023 shall remain available for obligation
through September 30, 2024: Provided further, That not later than 90
days after enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator of
General Services, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a detailed spend
plan for the funds to be transferred or reimbursed: Provided further,
That the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the estimate
of amounts to be transferred or reimbursed in fiscal year 2023; (ii) a
detailed breakdown of the purposes for all funds estimated to be
transferred or reimbursed pursuant to this section (including total
number of personnel and costs for all staff whose salaries are provided
for by this section); (iii) where applicable, a description of the
funds intended for use by or for the benefit of each executive council;
and (iv) where applicable, a description of the funds intended for use
by or for the implementation of specific laws passed by Congress:
Provided further, That no transfers or reimbursements may be made
pursuant to this section until 15 days following notification of the
Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, Space,
and Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2023, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a Member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2023, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2023, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2023 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2023 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2022, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2022, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2023 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2022.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2023 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2023 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 740. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of
law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2023, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2023 shall be the rate payable to
the Vice President on December 31, 2022, by operation of section 747 of
division E of Public Law 117-103.
(b) Notwithstanding any official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2023 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2022, by operation of section 747 of division E of Public Law 117-103.
Such an employee may not receive a rate increase during calendar year
2023, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above the official rate for level IV of
the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not receive a
pay rate increase during calendar year 2023, except as provided in
subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase
during calendar year 2023, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable limitations on payable rates of pay in effect on December
31, 2022, by operation of section 747 of division E of Public Law 117-
103.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2022, by operation of section 747 of division E
of Public Law 117-103.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but ends in
calendar year 2024, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
Sec. 748. In the event of a violation of the Impoundment Control
Act of 1974, the President or the head of the relevant department or
agency, as the case may be, shall report immediately to the Congress
all relevant facts and a statement of actions taken: Provided, That a
copy of each report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General on the same date the report is transmitted to the
Congress.
Sec. 749. (a) Each department or agency of the executive branch of
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time period
provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on further
action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation or
the execution of a program, project, or activity by such department
or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2023 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV
of the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 CFR 200.334, regarding records retention, and 2
CFR 200.337, regarding access by the Comptroller General of the United
States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget (in this section referred to as the ``Director''), in
coordination with the Architectural and Transportation Barriers
Compliance Board and the Administrator of General Services (in this
section referred to as the ``Administrator''), shall disseminate
amended or updated criteria and instructions to any Federal department
or agency (in this section referred to as an ``agency'') covered by
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) for the
evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall--
(A) include, at minimum, requirements that information
technologies and digital services must-
(i) conform to the technical standards referenced in
subsection (a)(2)(A) of such section 508, as determined by
appropriate conformance testing; and
(ii) be accessible to and usable by individuals with
disabilities as determined from consultation with individuals
with disabilities, including those with visual, auditory,
tactile, and cognitive disabilities, or members of any
disability organization; and
(B) provide guidance to agencies regarding the types and format
of data and information to be submitted to the Director and the
Administrator pursuant to paragraph (3), including how to submit
such data and information, the metrics by which compliance will be
assessed in the reports required in subsection (b), and any other
directions necessary for agencies to demonstrate compliance with
accessibility standards for electronic and information technology
procured and in use within an agency, as required by such section
508.
(3) Not later than 225 days after the date of enactment of this
Act, the head of each agency shall--
(A) evaluate the extent to which the electronic and information
technology of the agency are accessible to and usable by
individuals with disabilities described in subsection (a)(1) of
such section 508 compared to the access to and use of the
technology and services by individuals described in such section
who are not individuals with disabilities;
(B) evaluate the electronic and information technology of the
agency in accordance with the criteria and instructions provided in
paragraph (1); and
(C) submit a report containing the evaluations jointly to the
Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator, in consultation with
the Director, shall prepare and submit to the Committees on
Appropriations and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations and Oversight and Reform of
the House of Representatives a report that shall include--
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by each
agency, and by the Federal Government generally, with the criteria
and instructions disseminated under subsection (a)(1);
(B) a detailed description of the actions, activities, and
other efforts made by the Administrator over the year preceding
submission to support such compliance at agencies and any planned
efforts in the coming year to improve compliance at agencies; and
(C) a list of recommendations that agencies or Congress may
take to help support that compliance.
(2) The Administrator shall ensure that the reports required under
this subsection are made available on a public website and are
maintained as an open Government data asset (as that term is defined in
section 3502 of title 44, United States Code).
Sec. 753. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Federal Citizen Services Fund'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds, in addition to amounts otherwise available, shall be
administered by the Administrator of General Services to carry out the
purposes of the Federal Citizen Services Fund and to support
Government-wide and other multi-agency financial, information
technology, procurement, and other activities, including services
authorized by 44 U.S.C. 3604 and enabling Federal agencies to take
advantage of information technology in sharing information: Provided
further, That the total funds transferred or reimbursed shall not
exceed $15,000,000 for such purposes: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Federal Citizen Services Fund'' during fiscal year 2023
shall remain available for obligation through September 30, 2024:
Provided further, That not later than 90 days after enactment of this
Act, the Administrator of General Services, in consultation with the
Director of the Office of Management and Budget, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan for the funds to be transferred or
reimbursed: Provided further, That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized under this
section and the estimate of amounts to be transferred or reimbursed in
fiscal year 2023; (ii) a detailed breakdown of the purposes for all
funds estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii) where
applicable, a description of the funds intended for use by or for the
implementation of specific laws passed by Congress: Provided further,
That no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget.
Sec. 754. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless prior
approval is received from the Committees on Appropriations of the
House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2023.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2023 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2023 in this Act, shall remain available through September 30,
2024, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2024, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2024 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2024 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2024 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2024 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means the
project carried out by the District of Columbia and the Commonwealth of
Virginia to construct a new Long Bridge adjacent to the existing Long
Bridge over the Potomac River, including related infrastructure and
other related projects, to expand commuter and regional passenger rail
service and to provide bike and pedestrian access crossings over the
Potomac River.
Sec. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
Sec. 819. (a)(1) Section 11-2604(a), District of Columbia Official
Code, is amended by striking ``at a fixed rate of $90 per hour'' and
inserting ``an hourly rate not to exceed the rate payable under section
3006A(d)(1) of title 18, United States Code''.
(2) The amendments made by this section shall apply with respect to
cases and proceedings initiated on or after the date of the enactment
of this Act.
(b)(1) Section 11-2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ``(or, in the case of
investigative services, a fixed rate of $25 per hour)'' each place it
appears.
(2) The amendments made by this section shall apply with respect to
investigative services provided in connection with cases and
proceedings initiated on or after the date of the enactment of this
Act.
Sec. 820. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2023''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $336,746,000; of which
$18,862,000 shall remain available until September 30, 2024: Provided,
That not to exceed $30,000 shall be for official reception and
representation expenses: Provided further, That $5,000,000 shall be
withheld from obligation until the Secretary submits, to the Committees
on Appropriations of the Senate and the House of Representatives,
responses to all questions for the record for each hearing on the
fiscal year 2024 budget submission for the Department of Homeland
Security held by such Committees prior to July 1.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,048,000, to remain available until September 30, 2025.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $40,000,000, which shall
be transferred to ``Federal Emergency Management Agency--Federal
Assistance'', of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $20,000,000, to remain
available until September 30, 2024, shall be for the Alternatives to
Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,743,160,000:
Provided, That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $325,245,000, of which
$137,245,000 shall remain available until September 30, 2025, and of
which $188,000,000 shall remain available until September 30, 2027.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $316,640,000, of which $95,273,000 shall remain
available until September 30, 2024: Provided, That not to exceed
$3,825 shall be for official reception and representation expenses and
not to exceed $2,000,000 is available for facility needs associated
with secure space at fusion centers, including improvements to
buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector General for
operations and support, $214,879,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
(including transfer of funds)
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2023, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2022 or 2023.
(b) The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2024.
Sec. 102. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report that
includes total obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes, which shall be
specified in terms of cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate and the
House of Representatives are notified of the proposed transfer.
Sec. 105. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the Senate and the House of
Representatives not later than 45 days after the end of each fiscal
quarter on all Level 1 and Level 2 acquisition programs on the Master
Acquisition Oversight list between Acquisition Decision Event and Full
Operational Capability, including programs that have been removed from
such list during the preceding quarter.
(b) For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including the
capabilities being acquired and the component(s) sponsoring the
acquisition;
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current
acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such thresholds
and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to the
Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account or
other funding source; and
(E) a description of and rationale for any changes to the
estimate as compared to the previously approved baseline, as
applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent verification
and validation of the items to be acquired or an explanation for
why no such verification and validation has been performed;
(7) a table displaying the obligation of all program funds by
prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover of
funds into the subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors;
and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section
to the Committees on Appropriations of the Senate and the House of
Representatives not later than five business days after the date of
approval of such memorandum by the Under Secretary for Management or
the designee of the Under Secretary.
Sec. 107. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration unless the component or
office carrying out such pilot or demonstration has documented the
information described in subsection (c).
(b) Prior to the obligation of any such funds made available for
``Operations and Support'' for a new pilot or demonstration, the Under
Secretary for Management shall provide a report to the Committees on
Appropriations of the Senate and the House of Representatives on the
information described in subsection (c).
(c) The information required under subsections (a) and (b) for a
pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a projected end
date.
(d) Not later than 90 days after the date of completion of a pilot
or demonstration described in subsection (e) the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the Senate and the House of Representatives detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that--
(1) is a small-scale, short-term experiment conducted in order
to evaluate feasibility, duration, costs, or adverse events, and
improve upon the design of an effort prior to implementation of a
larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates, or
proposes to obligate, $5,000,000 or more, but does not include
congressionally directed programs or enhancements and does not
include programs that were in operation as of March 15, 2022.
(f) For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or
demonstration carried out by a non-federal recipient under any
financial assistance agreement funded by the Department.
Sec. 108. Of the amount made available by section 4005 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall
be transferred to ``Office of Inspector General--Operations and
Support'' for oversight of the use of funds made available under such
section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $15,590,694,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2024; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That $800,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'' to support
sheltering and related activities provided by non-Federal entities,
including facility improvements and construction, in support of
relieving overcrowding in short-term holding facilities of U.S. Customs
and Border Protection, of which not to exceed $11,200,000 shall be for
the administrative costs of the Federal Emergency Management Agency:
Provided further, That not to exceed $5,000,000 may be transferred to
the Bureau of Indian Affairs for the maintenance and repair of roads on
Native American reservations used by the U.S. Border Patrol: Provided
further, That of the amounts made available under this heading for the
Executive Leadership and Oversight program, project, and activity, as
outlined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), $5,000,000 shall
not be available for obligation until the reports concerning human
capital strategic plans and the Office of Field Operations workload
staffing model that are directed in such explanatory statement are
submitted to the Committees on Appropriations of the Senate and the
House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $581,558,000, of
which $481,658,000 shall remain available until September 30, 2025; and
of which $99,900,000 shall remain available until September 30, 2027.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,396,305,000; of which
not less than $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$46,696,000 shall remain available until September 30, 2024; of which
not less than $2,000,000 is for paid apprenticeships for participants
in the Human Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of the
National Intellectual Property Rights Coordination Center; and of which
not less than $4,181,786,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied alien
minors: Provided, That not to exceed $11,475 shall be for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the amounts
made available under this heading for the Executive Leadership and
Oversight program, project, and activity, as outlined in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), $5,000,000 shall not be available
for obligation until the reports directed under this heading in the
explanatory statements accompanying Public Laws 116-6, 116-93, and 117-
103 have been submitted to the Committees on Appropriations of the
Senate and the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $22,997,000, to remain
available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,798,363,000, to remain
available until September 30, 2024: Provided, That not to exceed
$7,650 shall be for official reception and representation expenses:
Provided further, That security service fees authorized under section
44940 of title 49, United States Code, shall be credited to this
appropriation as offsetting collections and shall be available only for
aviation security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a dollar-for-
dollar basis as such offsetting collections are received during fiscal
year 2023 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,308,363,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$141,645,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to remain
available until September 30, 2024.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $9,700,478,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $20,000,000 shall remain available until September 30, 2025; of
which $24,359,000 shall remain available until September 30, 2027, for
environmental compliance and restoration; and of which $70,000,000
shall remain available until September 30, 2024, which shall only be
available for vessel depot level maintenance: Provided, That not to
exceed $23,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $1,669,650,000, to remain available until September
30, 2027; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $7,476,000, to remain available until
September 30, 2025, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $2,044,414,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$2,734,267,000; of which $52,296,000 shall remain available until
September 30, 2024, and of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which up to $20,500,000 may be for calendar year 2022 premium
pay in excess of the annual equivalent of the limitation on the rate of
pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services Act
of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $83,888,000, to remain
available until September 30, 2025.
research and development
For necessary expenses of the United States Secret Service for
research and development, $4,025,000, to remain available until
September 30, 2024.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2023''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2023 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-125), or other such authorizing language.
(b) To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
(b) The Secretary shall notify the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives
within 2 business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit an expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the Senate and the House of Representatives.
(b) No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 211. (a) Of the amounts transferred from ``U.S. Customs and
Border Protection--Operations and Support'' to ``Federal Emergency
Management Agency--Federal Assistance'' in this Act, up to $785,000,000
may be made available for the emergency food and shelter program under
title II of the McKinney Vento Homeless Assistance Act (42 U.S.C.
11331) for the purposes of providing shelter and other services to
families and individuals encountered by the Department of Homeland
Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up to
$50,000,000 of any amounts made available to the emergency food and
shelter program under subsection (a) may be used for the construction
and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made available
for the purposes described in subsection (b) may be awarded to the
Emergency Food and Shelter Program National Board up to 6 months after
the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act, funds made
available under subsection (b) may be disbursed by the Emergency Food
and Shelter Program National Board up to 24 months after the date on
which such funds become available.
(e) Amounts made available under subsection (a) may be available
for the reimbursement of costs incurred after June 30, 2022.
(f) The real property disposition requirements at 2 CFR 200.311(c)
shall not apply to grants funded by the amounts transferred from ``U.S.
Customs and Border Protection--Operations and Support'' to ``Federal
Emergency Management Agency--Federal Assistance'' in this Act.
Sec. 212. Of the total amount made available under ``U.S. Customs
and Border Protection--Procurement, Construction, and Improvements'',
$581,558,000 shall be available only as follows:
(1) $230,277,000 for the acquisition and deployment of border
security technologies;
(2) $126,047,000 for trade and travel assets and
infrastructure;
(3) $99,900,000 for facility construction and improvements;
(4) $92,661,000 for integrated operations assets and
infrastructure; and
(5) $32,673,000 for mission support and infrastructure.
Sec. 213. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 216. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such reports by
such section 216 shall apply in the same manner and to the same extent
during the period described in such section 216.
Sec. 217. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 218. Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
Sec. 219. Any award by the Transportation Security Administration
to deploy explosives detection systems shall be based on risk, the
airport's current reliance on other screening solutions, lobby
congestion resulting in increased security concerns, high injury rates,
airport readiness, and increased cost effectiveness.
Sec. 220. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2023, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 221. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the Senate
and the Committees on Appropriations and Homeland Security in the House
of Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and sustained
capital investment in new, and the replacement of aged,
transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002, as
amended by section 3 of the Transportation Security Acquisition
Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening Technologies
report as required by the Senate Report accompanying the Department
of Homeland Security Appropriations Act, 2019 (Senate Report 115-
283).
Sec. 222. Section 225 of division A of Public Law 116-6 (49 U.S.C.
44901 note), relating to a pilot program for screening outside of an
existing primary passenger terminal screening area, is amended in
subsection (e) by striking ``2023'' and inserting ``2025''.
Sec. 223. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in accordance
with the notification requirement described in subsection (b) of such
section, up to the following amounts may be reprogrammed within ``Coast
Guard--Operations and Support''--
(1) $10,000,000 to or from the ``Military Personnel'' funding
category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 226. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and Support'',
up to $190,000,000 that are used for enduring overseas missions in
support of the global fight against terrorism may be reallocated by
program, project, and activity, notwithstanding section 503 of this
Act.
Sec. 227. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2023 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 231. (a) Notwithstanding section 2110 of title 46, United
States Code, none of the funds made available in this Act shall be used
to charge a fee for an inspection of a towing vessel, as defined in 46
CFR 136.110, that utilizes the Towing Safety Management System option
for a Certificate of Inspection issued under subchapter M of title 46,
Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of
the Coast Guard makes a determination under section 815(a) of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282)
and, as necessary based on such determination, carries out the
requirements of section 815(b) of such Act.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 233. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 235. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the Senate and the House
of Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 236. Of the amounts made available by this Act under the
heading ``United States Secret Service--Operations and Support'',
$23,000,000, to remain available until expended, shall be distributed
as a grant or cooperative agreement for existing National Computer
Forensics Institute facilities currently used by the United States
Secret Service to carry out activities under section 383 of title 6,
United States Code, of which not to exceed 5 percent, or the applicable
negotiated rate, shall be for the administrative costs of the
Department of Homeland Security in carrying out this section.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,350,559,000, of which
$36,293,000 shall remain available until September 30, 2024: Provided,
That not to exceed $5,500 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$549,148,000, of which $522,048,000 shall remain available until
September 30, 2025, and of which $27,100,000 shall remain available
until September 30, 2027.
research and development
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $7,431,000, to remain
available until September 30, 2024.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,379,680,000: Provided, That not to
exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $207,730,000, of which
$130,425,000 shall remain available until September 30, 2025, and of
which $77,305,000 shall remain available until September 30, 2027.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,882,014,000, which shall be allocated as
follows:
(1) $520,000,000 for the State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C.
605), of which $90,000,000 shall be for Operation Stonegarden and
$15,000,000 shall be for Tribal Homeland Security Grants under
section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606):
Provided, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2023, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant Program under
sections 2003 and 2004 of the Homeland Security Act of 2002 (6
U.S.C. 604 and 605), of which $152,500,000 is for eligible
recipients located in high-risk urban areas that receive funding
under section 2003 of such Act and $152,500,000 is for eligible
recipients that are located outside such areas: Provided, That
eligible recipients are those described in section 2009(b) of such
Act (6 U.S.C. 609a(b)) or are an otherwise eligible recipient at
risk of a terrorist or other extremist attack.
(4) $105,000,000 for Public Transportation Security Assistance,
Railroad Security Assistance, and Over-the-Road Bus Security
Assistance under sections 1406, 1513, and 1532 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135,
1163, and 1182), of which $10,000,000 shall be for Amtrak security
and $2,000,000 shall be for Over-the-Road Bus Security: Provided,
That such public transportation security assistance shall be
provided directly to public transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30, 2024,
of which $360,000,000 shall be for Assistance to Firefighter Grants
and $360,000,000 shall be for Staffing for Adequate Fire and
Emergency Response Grants under sections 33 and 34 respectively of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229
and 2229a).
(7) $355,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States
Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4101(f)(2)), to remain available until expended.
(9) $12,000,000 for Regional Catastrophic Preparedness Grants.
(10) $130,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11331), to remain available until September 30, 2024:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $56,000,000 for the Next Generation Warning System.
(12) $335,145,000 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for the
purposes, and the amounts, specified in the table entitled
``Community Project Funding/Congressionally Directed Spending''
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), of which--
(A) $86,140,285, in addition to amounts otherwise made
available for such purpose, is for emergency operations center
grants under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c);
(B) $233,043,782, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)); and
(C) $15,960,933 is for management and administration costs
of recipients.
(13) $316,119,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$19,945,000,000, to remain available until expended, shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated
by the Congress as being for disaster relief pursuant to a concurrent
resolution on the budget in the Senate and section 1(f) of H. Res. 1151
(117th Congress), as engrossed in the House of Representatives on June
8, 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $225,000,000, to remain available until September 30, 2024,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $18,500,000 shall be available for mission support
associated with flood management; and of which $206,500,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2023, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $223,770,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
state, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
and Information and Analysis Organizations.
Sec. 302. (a) The Director of the Cybersecurity and Infrastructure
Security Agency (or the Director's designee) shall provide the
briefings to the Committees on Appropriations of the Senate and the
House of Representatives described under the heading ``Quarterly Budget
and Staffing Briefings'' in the explanatory statement for division F of
Public Law 117-103 described in section 4 in the matter preceding
division A of such Public Law--
(1) with respect to the first quarter of fiscal year 2023, not
later than the later of 30 days after the date of enactment of this
Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in fiscal
year 2023, not later than 21 days after the end of each such
quarter.
(b) In the event that any such briefing required during this fiscal
year under subsection (a) is not provided, the amount made available in
title III to the Cybersecurity and Infrastructure Security Agency under
the heading ``Operations and Support'' shall be reduced by $50,000 for
each day of noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed funding
table in the explanatory statement for this division described in
section 4 (in the matter preceding division A of this consolidated Act)
for Management and Business Activities shall be correspondingly reduced
by an equivalent amount.
Sec. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under such paragraph
(3).
Sec. 304. Notwithstanding section 2004(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 605(e)(1)), the meaning of ``total funds
appropriated for grants under this section and section 2003'' in each
place that it appears shall not include any funds provided for the
Nonprofit Security Grant Program in paragraph (3) under the heading
``Federal Emergency Management Agency--Federal Assistance'' in this
Act.
Sec. 305. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 306. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5) and (9), the Administrator of the Federal Emergency Management
Agency shall brief the Committees on Appropriations of the Senate and
the House of Representatives 5 full business days in advance of
announcing publicly the intention of making an award.
(b) If any such public announcement is made before 5 full business
days have elapsed following such briefing, $1,000,000 of amounts
appropriated by this Act for ``Federal Emergency Management Agency--
Operations and Support'' shall be rescinded.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 308. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2023 with respect to
budget year 2024 and current fiscal year 2023, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2024'' for
``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after ``fifth''.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 310. (a) The aggregate charges assessed during fiscal year
2023, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2023, and remain
available until expended.
Sec. 311. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program and for
the Refugee and International Operations Programs, $242,981,000:
Provided, That such amounts shall be in addition to any other amounts
made available for such purposes, and shall not be construed to require
any reduction of any fee described in section 286(m) of the Immigration
and Nationality Act (8 U.S.C. 1356(m)): Provided further, That not to
exceed $5,000 shall be for official reception and representation
expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services
for Federal assistance for the Citizenship and Integration Grant
Program, $25,000,000, to remain available until September 30, 2024.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $354,552,000, of which $66,665,000 shall remain available
until September 30, 2024: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $51,995,000,
to remain available until September 30, 2027, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $384,107,000, of which $219,897,000 shall remain
available until September 30, 2024: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $55,216,000, to remain
available until September 30, 2027.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $461,218,000, to remain available until
September 30, 2025.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000, of which
$50,446,000 shall remain available until September 30, 2024: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements,
$75,204,000, to remain available until September 30, 2025.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,615,000, to remain
available until September 30, 2025.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $139,183,000, to remain
available until September 30, 2025.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may
be used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity, or
increases funds for any program, project, or activity for which
funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2023 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives are
notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
(b) Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 30, 2024,
from appropriations for ``Operations and Support'' for fiscal year 2023
in this Act shall remain available through September 30, 2024, in the
account and for the purposes for which the appropriations were
provided.
(b) Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate and the
House of Representatives in accordance with section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the Committees
on Appropriations of the Senate and the House of Representatives on a
plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of--
(1) making or awarding a grant allocation or grant in excess of
$1,000,000;
(2) making or awarding a contract, other transaction agreement,
or task or delivery order on a Department of Homeland Security
multiple award contract, or to issue a letter of intent totaling in
excess of $4,000,000;
(3) awarding a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award items
under paragraph (1), (2), (3), or (4), including a contract covered
by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. No Federal funds may be available to pay the salary of
any employee serving as a contracting officer's representative, or
anyone acting in a similar capacity, who has not received contracting
officer's representative training.
Sec. 511. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 512. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
(b) For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the
Congress.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 516. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 517. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 522. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 523. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
(c) The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 524. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 525. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for the
fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied or
restricted in this Act.
Sec. 526. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
Sec. 528. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2023.
Sec. 529. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives
or the United States Senate designated by such a Member for the
purposes of this section.
(b) Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 530. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2024, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency
personnel costs for protection activities directly and demonstrably
associated with any residence of the President that is designated or
identified to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141), shall
be applied with respect to amounts made available by subsection (a) of
this section by substituting ``October 1, 2023'' for ``October 1,
2018'' and ``October 1, 2022'' for ``October 1, 2017''.
Sec. 531. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic restraints is
appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 532. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against, or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 533. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 534. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on the unfunded priorities, for the Department
of Homeland Security and separately for each departmental component,
for which discretionary funding would be classified as budget function
050.
(b) Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in part);
(2) the description, including the objectives to be achieved if
such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions
to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection (a);
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan for the Department; and
(3) would have been recommended for funding through the budget
referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 535. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
Senate and the House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 536. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the Senate and
the House of Representatives of the proposed submission of the
project proposal;
(2) submits to the Committees on Appropriations a copy of the
project proposal; and
(3) provides a detailed analysis of how the proposed project
funding would supplement or supplant funding requested as part of
the Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the Senate and the
House of Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by the
Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the Department
and the Fund including the project's deliverables and repayment
terms, as applicable;
(3) a detailed analysis of how the project will supplement or
supplant existing funding available to the Department for similar
activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2023.
Sec. 538. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 539. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 540. Section 205 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5135) is amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by adding ``and'';
and
(iii) at the end of subparagraph (B), by striking ``;
and'' and inserting a period;
(B) in paragraph (3)(D), by striking ``local governments,
insular areas, and Indian tribal governments'' and inserting
``local governments and Tribal governments''; and
(C) by striking paragraph (4); and
(2) in subsection (m)--
(A) by striking paragraph (3) and inserting the following:
``(3) Eligible entity.--The term `eligible entity' means a
State or an Indian tribal government that has received a major
disaster declaration pursuant to section 401.'';
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph (9).
Sec. 541. For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to remain
available until September 30, 2024, for an Emergency Operations Center
grant under section 614 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196c), in addition to amounts
otherwise available, for the project identified as the ``Vermilion Safe
Room'' in the table entitled ``Homeland Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items'' under
the heading ``Federal Emergency Management Agency--Federal Assistance''
in the explanatory statement described in section 4 in the matter
preceding division A of Public Law 117-103.
Sec. 542. The contents in the ``Senate'' sub column of the
``Requestor(s)'' column for the project identified as the ``Emergency
Operations Center'' for the recipient ``Baker County Sheriff's Office''
in the table entitled ``Community Project Funding/Congressionally
Directed Spending'' under the heading ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' in the explanatory statement
described in section 4 in the matter preceding division A of Public Law
117-103 are deemed to be amended by striking ``Wyden'' and inserting
``Merkley, Wyden''.
Sec. 543. Subsection (c) of section 16005 of title VI of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) shall be applied as if the language read as follows:
``Subsection (a) shall apply until September 30, 2023.''.
Sec. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 545. (a) The Secretary of Homeland Security (in this section
referred to as the ``Secretary'') shall, on a bimonthly basis beginning
immediately after the date of enactment of this Act, develop estimates
of the number of noncitizens anticipated to arrive at the southwest
border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification review;
(4) are used to inform policy planning and budgeting processes
within the Department of Homeland Security; and
(5) are included in the budget materials submitted to Congress
in support of the President's annual budget request pursuant to
section 1105 of title 31, United States Code, for each fiscal year
beginning after the date of enactment of this Act and, for such
budget materials shall include--
(A) the most recent bimonthly estimates developed pursuant
to subsection (a);
(B) a description and quantification of the estimates used
to justify funding requests for Department programs related to
border security, immigration enforcement, and immigration
services;
(C) a description and quantification of the anticipated
workload and requirements resulting from such estimates; and
(D) a confirmation as to whether the budget requests for
impacted agencies were developed using the same estimates.
(c) The Secretary shall share the bimonthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the Senate and the House of
Representatives.
Sec. 546. (a) For an additional amount for the accounts, in the
amounts, and for the purposes specified, in addition to amounts
otherwise made available for such purposes--
(1) ``U.S. Customs and Border Protection--Operations and
Support'', $1,563,143,000 for border management requirements of the
U.S. Customs and Border Protection; and
(2) ``U.S. Immigration and Customs Enforcement--Operations and
Support'', $339,658,000 for non-detention border management
requirements.
(b) None of the funds provided in subsection (a)(1) shall be used--
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by U.S. Customs
and Border Protection, Air and Marine Operations, except for
internal transportation of noncitizens; or
(3) to acquire, maintain, or extend border security technology
and capabilities, except for technology and capabilities to improve
Border Patrol processing.
(c) Not later than 45 days after the date of enactment of this Act,
the Under Secretary for Management shall provide an expenditure plan
for the use of the funds made available in subsection (a).
(d) The plan required in subsection (c) shall be updated to reflect
changes and expenditures and submitted to the Committees on
Appropriations of the Senate and the House of Representatives every 60
days until all funds are expended or expired.
Sec. 547. Section 210G(i) of the Homeland Security Act of 2002 (6
U.S.C. 124n(i)) shall be applied by substituting ``September 30, 2023''
for ``the date that is 4 years after the date of enactment of this
section''.
(rescissions of funds)
Sec. 548. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
(1) $139,928,000 from the unobligated balances available under
the heading ``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements''.
(2) $12,207 from the unobligated balances available in the
``Transportation Security Administration--Transportation Security
Support'' account (70 X 0554).
(3) $32,750,000 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 22/23 0300).
(4) $187,278 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 X 0300).
(5) $65,165 from the unobligated balances available in the
``Federal Emergency Management Agency--State and Local Programs''
account (70 X 0560).
(6) $50,880 from the unobligated balances available in the
``Information Analysis and Infrastructure Protection--Operating
Expenses'' account (70 X 0900).
(7) $113,000,000 from the unobligated balances available under
the heading ``Management Directorate--Procurement, Construction,
and Improvements''.
(8) $42,730,000 from Public Law 116-93 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
(9) $19,000,000 from Public Law 116-6 under the heading ``Coast
Guard--Procurement, Construction, and Improvements''.
Sec. 549. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2022 (Public Law
117-103) are rescinded:
(1) $23,858,130 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $604,580 from ``Management Directorate--Operations and
Support''.
(3) $636,170 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support''.
(4) $338,830 from ``U.S. Customs and Border Protection--
Operations and Support''.
(5) $8,972,900 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(6) $6,332,670 from ``United States Secret Service--Operations
and Support''.
(7) $1,250,420 from ``Cybersecurity and Infrastructure Security
Agency--Operations and Support''.
(8) $10,899 from ``Federal Emergency Management Agency--
Operations and Support''.
(9) $3,208,190 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(10) $459,790 from ``Federal Law Enforcement Training Centers--
Operations and Support''.
(11) $141,630 from ``Science and Technology Directorate--
Operations and Support''.
(12) $350,450 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2023''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,368,969,000, to remain available until September 30, 2024; of which
$76,187,000 for annual maintenance and deferred maintenance programs
and $147,888,000 for the wild horse and burro program, as authorized by
Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available
until expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureau-related
expenses associated with the processing of oil and gas applications for
permits to drill and related use of authorizations: Provided further,
That of the amounts made available under this heading, up to $3,500,000
may be made available for the purposes described in section
122(e)(1)(A) of division G of Public Law 115-21 (43 U.S.C.
1748c(e)(1)(A)): Provided further, That of the amounts made available
under this heading, $3,500,000 is for projects specified for Land
Management Priorities in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2023, so as to result in a final appropriation estimated at
not more than $1,368,969,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$120,334,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary of the Interior to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements, and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,555,684,000, to remain
available until September 30, 2024: Provided, That not to exceed
$23,398,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of
such section): Provided further, That of the amount appropriated under
this heading, $25,641,000, to remain available until September 30,
2025, shall be for projects specified for Stewardship Priorities in the
table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That amounts in the preceding proviso may be
transferred to the appropriate program, project, or activity under this
heading and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,904,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $24,564,000, to remain available
until expended, to be derived from the Cooperative Endangered Species
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $5,100,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $21,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $73,812,000, to remain available
until expended: Provided, That of the amount provided herein,
$6,200,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,612,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $13,812,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary of the Interior shall apportion the remaining amount in the
following manner: (1) one-third of which is based on the ratio to which
the land area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to which the
population of such State bears to the total population of all such
States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not
exceed 65 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2023 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2024, shall be reapportioned,
together with funds appropriated in 2025, in the manner provided
herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed one dollar for each option; facilities incident to such
public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended: Provided
further, That the second proviso under the heading ``United States Fish
and Wildlife Service--Resource Management'' in title I of division E of
Public Law 112-74 (16 U.S.C. 742l-1) is amended by striking ``2012''
and inserting ``2023'' and striking ``$400,000'' and inserting
``$750,000''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,923,424,000, of which $11,661,000 for planning and
interagency coordination in support of Everglades restoration and
$135,980,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 for cyclic maintenance projects for
constructed assets and cultural resources and $10,000,000 for uses
authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2024: Provided, That funds
appropriated under this heading in this Act are available for the
purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9 of the 400 Years of African-American History
Commission Act (36 U.S.C. note prec. 101; Public Law 115-102),
$3,300,000 of the funds provided under this heading shall be made
available for the purposes specified by that Act: Provided further,
That sections (7)(b) and (8) of that Act shall be amended by striking
``July 1, 2023'' and inserting ``July 1, 2024''.
In addition, for purposes described in section 2404 of Public Law
116-9, an amount equal to the amount deposited in this fiscal year into
the National Park Medical Services Fund established pursuant to such
section of such Act, to remain available until expended, shall be
derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $92,512,000, to
remain available until September 30, 2024, of which $2,919,000 shall be
for projects specified for Statutory and Contractual Aid in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $204,515,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2024, of which $26,500,000
shall be for Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $1,250,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary; $29,000,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement; $11,000,000 is for
grants to Historically Black Colleges and Universities; $12,500,000 is
for competitive grants for the restoration of historic properties of
national, State, and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act; $10,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation; and
$29,115,000 is for projects specified for the Historic Preservation
Fund in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That such competitive grants
shall be made without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code to States and Indian
tribes as defined in chapter 3003 of such title, Native Hawaiian
organizations, local governments, including Certified Local
Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and related equipment, and compliance and planning for
programs and areas administered by the National Park Service,
$239,803,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2023 with a future phase indicated in the
National Park Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort for
projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,497,178,000,
to remain available until September 30, 2024; of which $92,184,000
shall remain available until expended for satellite operations; and of
which $74,840,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities: Provided further, That of the amount
appropriated under this heading, $2,130,000 shall be for projects
specified for Special Initiatives in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the appropriate
program, project, or activity under this heading and shall continue to
only be available for the purposes and in such amounts as such funds
were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$219,960,000, of which $182,960,000 is to remain available until
September 30, 2024, and of which $37,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior and
credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2023
appropriation estimated at not more than $182,960,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way, and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $175,886,000, of which $153,886,000 is to
remain available until September 30, 2024, and of which $22,000,000 is
to remain available until expended, including $3,000,000 for offshore
decommissioning activities: Provided, That this total appropriation
shall be reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2023 appropriation estimated at not more than $156,886,000.
For an additional amount, $38,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2023, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $38,000,000, the amounts realized in excess
of $38,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2023,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of
the Oil Pollution Act of 1990, $15,099,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$121,026,000, to remain available until September 30, 2024, of which
$65,000,000 shall be available for State and tribal regulatory grants:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2023 appropriation estimated at not more than
$121,026,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $33,904,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $135,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $88,042,000 shall be distributed in equal
amounts to the three Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, $35,218,000 shall be distributed in equal amounts
to the three Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $11,740,000 shall be for
grants to federally recognized Indian Tribes without regard to their
status as certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13) and the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 5301 et seq.), $1,906,998,000, to remain
available until September 30, 2024, except as otherwise provided
herein; of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,494,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary of the Interior may exceed such cap
for welfare payments from the amounts provided herein, to provide for
disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $63,586,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: Provided further,
That of the amount appropriated under this heading, $4,240,000 shall be
for projects specified for Special Initiatives (CDS) in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That any forestry funds allocated to a federally recognized
tribe which remain unobligated as of September 30, 2024, may be
transferred during fiscal year 2025 to an Indian forest land assistance
account established for the benefit of the holder of the funds within
the holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2025: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106-462), and the American Indian
Probate Reform Act of 2004 (Public Law 108-374), $8,000,000, to remain
available until expended: Provided, That any provision of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-462) that
requires or otherwise relates to application of a lien shall not apply
to the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2023, such sums as may be
necessary, which shall be available for obligation through September
30, 2024: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as
may be necessary, which shall be available for obligation through
September 30, 2024: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $153,309,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation: Provided further, That of the funds made available
under this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act (Public Law
114-322; 130 Stat. 1749): Provided further, That amounts provided
under this heading are made available for the modernization of Federal
field communication capabilities, in addition to amounts otherwise made
available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 114-322, and 116-260, and for implementation of
other land and water rights settlements, $825,000, to remain available
until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $13,884,000, to
remain available until September 30, 2024, of which $2,680,000 is for
administrative expenses, as authorized by the Indian Financing Act of
1974: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed
or insured, not to exceed $150,213,551.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,133,552,000 to remain
available until September 30, 2024, except as otherwise provided
herein: Provided, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $833,592,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2023, and shall remain available until
September 30, 2024: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$95,822,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2023: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$267,887,000 to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and all funds
related to the project, if, not later than 18 months after the date of
the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
seq.) grantee receiving funds appropriated in this Act or in any prior
Act, has not completed the planning and design phase of the project and
commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except Executive Direction and Administrative Services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction, or other facilities-related costs for
such assets that are not owned by the Bureau: Provided further, That
the term ``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50 miles but
that forms part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,272,000, to remain available until expended, of which not to
exceed $17,867,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2023, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $100,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least 5 years and shall not be required to generate periodic statements
of performance for the individual accounts: Provided further, That
with respect to the preceding proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $135,884,000, to remain available until September 30, 2024; of
which not to exceed $15,000 may be for official reception and
representation expenses; of which up to $1,000,000 shall be available
for workers compensation payments and unemployment compensation
payments associated with the orderly closure of the United States
Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and
resource valuation activities shall remain available until expended:
Provided, That funds for Indian land, mineral, and resource valuation
activities may, as needed, be transferred to and merged with the Bureau
of Indian Affairs ``Operation of Indian Programs'' and Bureau of Indian
Education ``Operation of Indian Education Programs'' accounts and the
Office of the Special Trustee ``Federal Trust Programs'' account:
Provided further, That funds made available through contracts or grants
obligated during fiscal year 2023, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain
available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2023, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $120,357,000, of
which: (1) $110,140,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $10,217,000 shall be available until
September 30, 2024, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading, $5,000,000
is for deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-188 for
adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$101,050,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2024.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $663,786,000, to remain available until expended, of
which not to exceed $10,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $247,000,000 is for fuels
management activities: Provided further, That of the funds provided
$20,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $340,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and section
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland Fire
Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are transferred:
Provided further, That amounts may be transferred to the ``Wildland
Fire Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,064,000, to remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases, remediate lands pursuant to section 40704 of Public
Law 117-58 (30 U.S.C. 1245), and carry out the purposes of section 349
of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$5,000,000, to remain available until expended: Provided, That such
amount shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under this
heading are available for program management and oversight of these
activities: Provided further, That the Secretary may transfer the
funds provided under this heading in this Act to any other account in
the Department to carry out such purposes, and may expend such funds
directly, or through grants: Provided further, That these amounts are
not available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations
agreed to in settlement or imposed by a court, whether for payment of
funds or for work to be performed.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $8,037,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, data management, information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $112,198,000, to remain available until expended:
Provided, That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital Fund
account other than for accrued annual leave and depreciation of
equipment without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
the Secretary of the Interior may assess reasonable charges to State,
local, and tribal government employees for training services provided
by the National Indian Program Training Center, other than training
related to Public Law 93-638: Provided further, That the Secretary may
lease or otherwise provide space and related facilities, equipment, or
professional services of the National Indian Program Training Center to
State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training Center:
Provided further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural Resource
Revenue's collection and disbursement of royalties, fees, and other
mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase, or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$174,934,000, to remain available until September 30, 2024; of which
$69,751,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary of the Interior concurred with the claimed refund due, to pay
amounts owed to Indian allottees or tribes, or to correct prior
unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or destroyed by
fire, flood, storm, or other unavoidable causes: Provided, That no
funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland fires
on or threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for wildland
fire operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
with such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated for
``wildland fire suppression'' shall be exhausted within 30 days:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary
of the Interior, in total amount not to exceed $500,000; purchase and
replacement of motor vehicles, including specially equipped law
enforcement vehicles; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment for
telephone service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment of dues,
when authorized by the Secretary, for library membership in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2023. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein, including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may determine
reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2023, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ``Offshore Safety and Environmental Enforcement'' account, from
the designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2023 shall be--
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2023. Fees for fiscal year 2023 shall be--
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2023. Fees for
fiscal year 2023 shall be--
(1) $13,260 per inspection for non-rig units operating in water
depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in water
depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in water
depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within
30 days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2023, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement through
reduction of non-overtime hours, wages, or employment benefits;
(2) result in the use of an individual under the Department of
the Interior Experienced Services Program for a job or function in
a case in which a Federal employee is in a layoff status from the
same or substantially equivalent job within the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management prescribes or approves any departure or use of
alternate procedure or equipment, in regards to a plan or permit, under
30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30
CFR 250.142, the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on such
bureau's publicly available website not more than 15 business days
after such issuance.
(b) The head of each bureau may exclude confidential business
information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State
of Virginia or the District of Columbia for the purpose of the
construction of rail and other infrastructure relating to the Long
Bridge Project, the Secretary of the Interior may convey to the State
or the District of Columbia, as applicable, all right, title, and
interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as
``Permanent Impact to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which
includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant
to Public Law 100-297 may obtain interagency motor vehicles and related
services for performance of any activities carried out under such
grants to the same extent as if they were contracting under the Indian
Self-Determination and Education Assistance Act.
national heritage areas and corridors
Sec. 118. (a) Section 109(a) of the Quinebaug and Shetucket Rivers
Valley National Heritage Corridor Act of 1994 (title I of Public Law
103-449), is amended by striking ``$17,000,000'' and inserting
``$19,000,000''.
(b) Section 409(a) of the Steel Industry American Heritage Area Act
of 1996 (title IV of division II of Public Law 104-333) is amended by
striking ``$20,000,000'' and inserting ``$22,000,000''.
(c) Section 608(a) of the South Carolina National Heritage Corridor
Act of 1996 (title VI of division II of Public Law 104-333) is amended
by striking ``$17,000,000'' and inserting ``$19,000,000''.
(d) Subsection 157(h)(1) of the Wheeling National Heritage Area Act
of 2000 (section 157 of Public Law 106-291) is amended by striking
``$15,000,000'' and inserting ``$17,000,000''.
(e) Sections 411, 432, and 451 of title IV of the Consolidated
Natural Resources Act of 2008 (Public Law 110-229), are each amended by
striking ``the date that is 15 years after the date of'' and all that
follows through the end of each section and inserting ``September 30,
2024.''.
(f) Section 512 of the National Aviation Heritage Area Act (title V
of division J of Public Law 108-447), is amended by striking ``2022''
and inserting ``2024''.
(g) Section 608 of the Oil Region National Heritage Area Act (title
VI of Public Law 108-447) is amended by striking ``2022'' and inserting
``2024''.
(h) Section 125(a) of Public Law 98-398, as amended by section 402
of Public Law 109-338 (120 Stat. 1853), is amended by striking
``$10,000,000'' and inserting ``$12,000,000''.
(i) Section 125(a) of Public Law 98-398 is amended by striking
``$10,000,000'' and inserting ``$12,000,000''.
appraiser pay authority
Sec. 119. For fiscal year 2023, funds made available in this or
any other Act or otherwise made available to the Department of the
Interior for the Appraisal and Valuation Services Office may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the
Appraiser (GS-1171) job series at grades 11 through 15 carrying out
appraisals of real property and appraisal reviews conducted in support
of the Department's realty programs at rates no greater than 15 percent
above the minimum rates of basic pay normally scheduled, and such
higher rates shall be consistent with subsections (e) through (h) of
section 5305 of title 5, United States Code.
sage-grouse
Sec. 120. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population
segment of greater sage-grouse.
state conservation grants
Sec. 121. For expenses necessary to carry out section 200305 of
title 54, United States Code, the National Park Service may retain up
to 7 percent of the State Conservation Grants program to provide to
States, the District of Columbia, and insular areas, as matching grants
to support state program administrative costs.
lowell national historic park
Sec. 122. Section 103(a) of Public Law 95-290 (16 U.S.C. 410cc-
13(a); 92 Stat. 292) is amended by striking paragraph (1) and
redesignating paragraph (2) as paragraph (1).
visitor experience improvement authority
Sec. 123. Section 101938 of title 54, United States Code, is
amended by striking ``7'' and inserting ``9''.
delaware water gap authority
Sec. 124. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of Public Law
115-101, shall be applied by substituting ``2023'' for ``2021''.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; hire, maintenance, and operation of aircraft; and other
operating expenses in support of research and development,
$802,276,000, to remain available until September 30, 2024: Provided,
That of the funds included under this heading, $30,751,000 shall be for
Research: National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), of which $13,251,000 shall be for projects specified
for Science and Technology in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$9,000 for official reception and representation expenses,
$3,286,330,000, to remain available until September 30, 2024:
Provided, That funds included under this heading may be used for
environmental justice implementation and training grants, and
associated program support costs: Provided further, That of the funds
included under this heading--
(1) $30,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act);
(2) $681,726,000 shall be for Geographic Programs as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(3) $20,000,000, to remain available until expended, shall be
for grants, including grants that may be awarded on a non-
competitive basis, interagency agreements, and associated program
support costs to establish and implement a program to assist Alaska
Native Regional Corporations, Alaskan Native Village Corporations,
federally-recognized tribes in Alaska, Alaska Native Non-Profit
Organizations and Alaska Native Nonprofit Associations, and
intertribal consortia comprised of Alaskan tribal entities to
address contamination on lands conveyed under or pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that
were or are contaminated at the time of conveyance and are on an
inventory of such lands developed and maintained by the
Environmental Protection Agency: Provided, That grants awarded
using funds made available in this paragraph may be used by a
recipient to supplement other funds provided by the Environmental
Protection Agency through individual media or multi-media grants or
cooperative agreements: Provided further, That of the amounts made
available in this paragraph, in addition to amounts otherwise
available for such purposes, the Environmental Protection Agency
may reserve up to $2,000,000 for salaries, expenses, and
administration.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2023 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2023 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2023, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $9,000,000, those amount in excess of $9,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2023, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,030,000, to remain available until September 30, 2024.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $48,752,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,282,700,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2022, and not otherwise appropriated
from the Trust Fund, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,282,700,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under this
heading, $11,800,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2024,
and $31,607,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2024.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $93,205,000, to remain available until expended, of which
$67,425,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,780,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $22,072,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,480,428,000, to remain available until expended,
of which--
(1) $1,638,861,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $1,126,101,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That $863,108,642 of the funds made available for
capitalization grants for the Clean Water State Revolving Funds and
$609,255,899 of the funds made available for capitalization grants
for the Drinking Water State Revolving Funds shall be for the
construction of drinking water, wastewater, and storm water
infrastructure and for water quality protection in accordance with
the terms and conditions specified for such grants in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) for projects
specified for ``STAG--Drinking Water SRF'' and ``STAG--Clean Water
SRF'' in the table titled ``Interior and Environment Incorporation
of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and, for purposes of these grants,
each grantee shall contribute not less than 20 percent of the cost
of the project unless the grantee is approved for a waiver by the
Agency: Provided further, That for fiscal year 2023, to the extent
there are sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2023, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That the
Administrator is authorized to use up to $1,500,000 of funds made
available for the Clean Water State Revolving Funds under this
heading under title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey:
Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the amounts
in a State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2023 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately
from other assets in the fund, and used for eligible purposes of
the fund, including administration: Provided further, That for
fiscal year 2023, notwithstanding the provisions of subsections
(g)(1), (h), and (l) of section 201 of the Federal Water Pollution
Control Act, grants made under title II of such Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, the United
States Virgin Islands, and the District of Columbia may also be
made for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or more
principal residences or small commercial establishments: Provided
further, That for fiscal year 2023, notwithstanding the provisions
of such subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds reserved
by the Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used to provide assistance:
(1) solely for facility plans, design activities, or plans,
specifications, and estimates for any proposed project for the
construction of treatment works; and (2) for the construction,
repair, or replacement of privately owned treatment works serving
one or more principal residences or small commercial
establishments: Provided further, That for fiscal year 2023,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to a total
of $2,000,000 of the funds reserved by the Administrator for grants
under section 518(c) of such Act may also be used for grants for
training, technical assistance, and educational programs relating
to the operation and management of the treatment works specified in
section 518(c) of such Act: Provided further, That for fiscal year
2023, funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in section
518(h) of such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That for fiscal
year 2023, notwithstanding the limitation on amounts in section
518(c) of the Federal Water Pollution Control Act, up to a total of
2 percent of the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts in section
1452(i) of the Safe Drinking Water Act, up to a total of 2 percent
of the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section 1452(i)
of such Acts: Provided further, That for fiscal year 2023,
notwithstanding the amounts specified in section 205(c) of the
Federal Water Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for grants
made under title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2023, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section 1452(j)
of the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each State
for Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall
be so used by the State only where such funds are provided as
initial financing for an eligible recipient or to buy, refinance,
or restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment of
this Act, or where such debt was incurred prior to the date of
enactment of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to help
address a threat to public health from heightened exposure to lead
in drinking water or if a Federal or State emergency declaration
has been issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply before the
date of enactment of this Act: Provided further, That in a State
in which such an emergency declaration has been issued, the State
may use more than 14 percent of the funds made available under this
title to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients: Provided further, That notwithstanding section 1452(o)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(o)), the
Administrator shall reserve $12,000,000 of the amounts made
available for fiscal year 2023 for making capitalization grants for
the Drinking Water State Revolving Funds to pay the costs of
monitoring for unregulated contaminants under section 1445(a)(2)(C)
of such Act: Provided further, That of the unobligated balances
available in the ``State and Tribal Assistance Grants'' account
appropriated prior to fiscal year 2012 for ``special project
grants'' or ``special needs infrastructure grants,'' or for the
administration, management, and oversight of such grants,
$13,300,000 are permanently rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985;
(2) $36,386,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $39,686,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $100,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That at least 10
percent shall be allocated for assistance in persistent poverty
counties: Provided further, That for purposes of this section, the
term ``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $100,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act);
(7) $30,158,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(8) $30,500,000 shall be for grants under section 1464(d) of
the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $25,011,000 shall be for grants under section 1459B of the
Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $7,000,000 shall be for grants under section 1459A(l) of
the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $27,000,000 shall be for grants under section 104(b)(8) of
the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8));
(12) $50,000,000 shall be for grants under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $6,000,000 shall be for grants under section 4304(b) of
the America's Water Infrastructure Act of 2018 (Public Law 115-
270);
(14) $6,500,000 shall be for carrying out section 302(a) of the
Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not more than 2
percent shall be for administrative costs to carry out such
section: Provided, That notwithstanding section 302(a) of such
Act, the Administrator may also provide grants pursuant to such
authority to intertribal consortia consistent with the requirements
in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior), and Alaska Native
Villages as defined in Public Law 92-203;
(15) $7,000,000 shall be for grants under section 103(b)(3) of
the Clean Air Act for wildfire smoke preparedness grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That not more than 3
percent shall be for administrative costs to carry out such
section;
(16) $16,973,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those projects
and for the purposes delineated in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) for
remediation, construction, and related environmental management
activities in accordance with the terms and conditions specified
for such grants in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act);
(17) $5,000,000 shall be for grants under section 1459F of the
Safe Drinking Water Act (42 U.S.C. 300j-19g);
(18) $4,000,000 shall be for carrying out section 2001 of the
America's Water Infrastructure Act of 2018 (Public Law 115-270, 42
U.S.C. 300j-3c note): Provided, That the Administrator may award
grants to and enter into contracts with tribes, intertribal
consortia, public or private agencies, institutions, organizations,
and individuals, without regard to section 3324(a) and (b) of title
31 and section 6101 of title 41, United States Code, and enter into
interagency agreements as appropriate;
(19) $3,000,000 shall be for grants under section 50217(b) of
the Infrastructure Investment and Jobs Act (33 U.S.C. 1302f(b);
Public Law 117-58);
(20) $4,000,000 shall be for grants under section 124 of the
Federal Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,160,625,000 shall be for grants, including associated
program support costs, to States, federally recognized Tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement, and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, and under section 2301 of the Water and Waste Act of
2016 to assist States in developing and implementing programs for
control of coal combustion residuals, of which: $47,195,000 shall
be for carrying out section 128 of CERCLA; $10,836,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,505,000 shall be for grants to
States under section 2007(f)(2) of the Solid Waste Disposal Act,
which shall be in addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program'' to carry
out the provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code other than section
9003(h) of the Solid Waste Disposal Act; $18,512,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in national-
and State-level statistical surveys of water resources and
enhancements to State monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $68,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$12,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the use of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso
under the heading ``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That none of the direct
loans or loan guarantee authority made available under this heading
shall be available for any project unless the Administrator and the
Director of the Office of Management and Budget have certified in
advance in writing that the direct loan or loan guarantee, as
applicable, and the project comply with the criteria referenced in the
previous proviso: Provided further, That, for the purposes of carrying
out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a project
identified in a Letter of Interest submitted to the Administrator
pursuant to a Notice of Funding Availability for applications for
credit assistance under the Water Infrastructure Finance and Innovation
Act Program, including with respect to a project that was initiated or
completed before the date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $7,640,000, to
remain available until September 30, 2024.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w-8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2023.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section 3024
of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2023,
to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000 per
project.
For fiscal year 2023, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2023 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $2,500,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated under
the headings ``Environmental Programs and Management'' and ``Science
and Technology'', contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent personal services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purpose: Provided,
That amounts used for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may not
exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $1,000,000: Provided, That funds
made available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,152,744,000, to remain available through September 30,
2026: Provided, That a portion of the funds made available under this
heading shall be for the base salary and expenses of employees in the
Chief's Office, the Work Environment and Performance Office, the
Business Operations Deputy Area, and the Chief Financial Officer's
Office to carry out administrative and general management support
functions: Provided further, That funds provided under this heading
shall be available for the costs of facility maintenance, repairs, and
leases for buildings and sites where these administrative, general
management and other Forest Service support functions take place; the
costs of all utility and telecommunication expenses of the Forest
Service, as well as business services; and, for information technology,
including cyber security requirements: Provided further, That funds
provided under this heading may be used for necessary expenses to carry
out administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $307,273,000, to remain available through September
30, 2026: Provided, That of the funds provided, $32,197,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including for invasive
plants, and conducting an international program and trade compliance
activities as authorized, $337,758,000, to remain available through
September 30, 2026, as authorized by law, of which $30,167,000 shall be
for projects specified for Forest Resource Information and Analysis in
the table titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,974,388,000, to remain available through
September 30, 2026: Provided, That of the funds provided, $32,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That for the funds provided in the
preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be
applied by substituting ``4'' for ``2'': Provided further, That of the
funds provided, $40,000,000 shall be for forest products: Provided
further, That of the funds provided, $207,000,000 shall be for
hazardous fuels management activities, of which not to exceed
$20,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
$20,000,000 may be used by the Secretary of Agriculture to enter into
procurement contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on Federal
land, or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That notwithstanding section 33 of the Bankhead Jones
Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred, and that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary: Provided further, That funds
appropriated to this account shall be available for the base salary and
expenses of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range Betterment
Fund'' account, and the ``Management of National Forest Lands for
Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $158,048,000, to remain available through September 30,
2026, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, and decommissioning of roads that are
no longer needed, including unauthorized roads that are not part of the
transportation system, and for maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That $6,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): Provided further, That $5,048,000
shall be for projects specified for Construction Projects in the table
titled ``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That funds becoming available in fiscal year 2023 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2026, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2026, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2026, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2026.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $945,956,000, to remain available until
expended: Provided, That such funds, including unobligated balances
under this heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That any unobligated funds appropriated in a previous
fiscal year for hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That such funds
shall be available to reimburse State and other cooperating entities
for services provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest Service for
non-fire emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided shall be
available for support to Federal emergency response: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $2,210,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and section
1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression operations
in the fiscal year in which such amounts are transferred: Provided
further, That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of the Interior or the
Department of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law: Provided further, That,
in determining whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management'' in this and
prior appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided by
law shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), shall be deposited in the special account established by section
8705(f)(1) of such Act, shall be available to cover the costs described
in subsection (c)(3) of such section of such Act, and shall remain
available until expended: Provided, That such amounts shall be
transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may be
transferred between accounts affected by the Forest Service budget
restructure outlined in section 435 of division D of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94): Provided,
That any transfer of funds pursuant to this paragraph shall not
increase or decrease the funds appropriated to any account in this
fiscal year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's notification of
the House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2026:
Provided further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
government, private sector, and international organizations: Provided,
That the Forest Service, acting for the International Program, may sign
direct funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the Millennium
Challenge Corporation), United States private sector firms,
institutions and organizations to provide technical assistance and
training programs on forestry and rangeland management: Provided
further, That to maximize effectiveness of domestic and international
research and cooperation, the International Program may utilize all
authorities related to forestry, research, and cooperative assistance
regardless of program designations.
Funds appropriated to the Forest Service shall be available to
enter into a cooperative agreement with the Section 509(a)(3)
Supporting Organization, ``Forest Service International Foundation'' to
assist the Foundation in meeting administrative, project, and other
expenses, and may provide for the Foundation's use of Forest Service
personnel and facilities.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges: Provided, That nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest
Service in order to obtain information technology services, including
telecommunications and system modifications or enhancements, from the
Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service under the National Forest
System heading shall be available for the Secretary of Agriculture to
enter into cooperative agreements with other Federal agencies, tribes,
States, local governments, private and nonprofit entities, and
educational institutions to support the work of forest or grassland
collaboratives on activities benefitting Federal lands and adjacent
non-Federal lands, including for technical assistance, administrative
functions or costs, and other capacity support needs identified by the
Forest Service.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations, and similar matters unrelated to civil litigation:
Provided, That future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available to pay,
from a single account, the base salary and expenses of employees who
carry out functions funded by other accounts for Enterprise Program,
Geospatial Technology and Applications Center, remnant Natural Resource
Manager, Job Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including rescission of funds)
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,919,670,000, to remain available until September 30, 2024, except as
otherwise provided herein; and, in addition, $4,627,968,000, which
shall become available on October 1, 2023, and remain available through
September 30, 2025, except as otherwise provided herein; together with
payments received during each fiscal year pursuant to sections 231(b)
and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b),
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $2,500,000 shall be available for
each of fiscal years 2023 and 2024 for grants or contracts with public
or private institutions to provide alcohol or drug treatment services
to Indians, including alcohol detoxification services: Provided
further, That of the total amount of funds provided, $1,993,510,000
shall remain available until expended for Purchased/Referred Care, of
which $996,755,000 shall be from funds that become available on October
1, 2023: Provided further, That of the total amount specified in the
preceding proviso for Purchased/Referred Care, $108,000,000 shall be
for the Indian Catastrophic Health Emergency Fund of which $54,000,000
shall be from funds that become available on October 1, 2023: Provided
further, That for each of fiscal years 2023 and 2024, up to $51,000,000
shall remain available until expended for implementation of the loan
repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the total amount of funds
provided, $116,000,000, including $58,000,000 from funds that become
available on October 1, 2023, shall be for costs related to or
resulting from accreditation emergencies, including supplementing
activities funded under the heading ``Indian Health Facilities'', of
which up to $4,000,000 for each of fiscal years 2023 and 2024 may be
used to supplement amounts otherwise available for Purchased/Referred
Care: Provided further, That the amounts collected by the Federal
Government as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited in the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a-1) and shall
remain available until expended and, notwithstanding section 108A(c) of
that Act (25 U.S.C. 1616a-1(c)), funds shall be available to make new
awards under the loan repayment and scholarship programs under sections
104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further,
That the amounts made available within this account for the Substance
Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention Program,
for the Zero Suicide Initiative, for the housing subsidy authority for
civilian employees, for Aftercare Pilot Programs at Youth Regional
Treatment Centers, for transformation and modernization costs of the
Indian Health Service Electronic Health Record system, for national
quality and oversight activities, to improve collections from public
and private insurance at Indian Health Service and tribally operated
facilities, for an initiative to treat or reduce the transmission of
HIV and HCV, for a maternal health initiative, for the Telebehaviorial
Health Center of Excellence, for Alzheimer's grants, for Village Built
Clinics, for a produce prescription pilot, and for accreditation
emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within 2 fiscal years, provided
the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, That amounts received by tribes and
tribal organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the Indian
Health Service, and from tribes and tribal organizations operating
health facilities pursuant to Public Law 93-638, such individually
identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That none of the funds provided that become available
on October 1, 2023, may be used for implementation of the Electronic
Health Record System or the Indian Health Care Improvement Fund:
Provided further, That of the funds provided, $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account: Provided further, That none of the funds
appropriated by this Act, or any other Act, to the Indian Health
Service for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
Of the unobligated balances under the heading ``Indian Health
Services'' from amounts made available in title III of division G of
Public Law 117-103 for the fiscal year 2022 costs of staffing and
operating new facilities, $29,388,000 are hereby rescinded.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2023, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not expended by
a tribe or tribal organization for contract support costs for such
agreements for the current fiscal year shall be applied to contract
support costs due for such agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases pursuant
to section 105(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2023, such sums as
may be necessary, which shall be available for obligation through
September 30, 2024: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications, and
drawings; acquisition of sites, purchase and erection of modular
buildings, and purchases of trailers; and for provision of domestic and
community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$958,553,000, to remain available until expended; and, in addition,
$501,490,000, which shall become available on October 1, 2023, and
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation, or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used for each of fiscal years 2023 and 2024 by
the Indian Health Service to purchase TRANSAM equipment from the
Department of Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds provided
that become available on October 1, 2023, may be used for Health Care
Facilities Construction or for Sanitation Facilities Construction:
Provided further, That of the amount appropriated under this heading
for fiscal year 2023 for Sanitation Facilities Construction,
$15,192,000 shall be for projects specified for Sanitation Facilities
Construction (CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That none of the funds
appropriated to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation, and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms, or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or technical
assistance: Provided further, That the Indian Health Service may
provide to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $83,035,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $85,020,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2023, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $4,676,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $3,060,000, to remain
available until expended, which shall be derived from unobligated
balances from prior year appropriations available under this heading:
Provided, That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall
become available on July 1, 2023, and shall remain available until
September 30, 2024.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $892,855,000, to remain available until September 30, 2024,
except as otherwise provided herein; of which not to exceed $26,974,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, Smithsonian American Women's History Museum, National
Museum of the American Latino, and the repatriation of skeletal remains
program shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations: Provided further,
That the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments, as rent payable to
the Smithsonian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to be available as
trust funds for expenses associated with the purchase of a portion of
the building at 600 Maryland Avenue, SW, Washington, DC, to the extent
that federally supported activities will be housed there: Provided
further, That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt
service for, a Federal guarantee of, a transfer of risk to, or an
obligation of the Federal Government: Provided further, That no
appropriated funds may be used directly to service debt which is
incurred to finance the costs of acquiring a portion of the building at
600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and
constructing improvements to such building: Provided further, That any
agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day period
which begins on the date on which the Secretary of the Smithsonian
submits to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on House Administration and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Rules and Administration of the Senate a report, as
outlined in the explanatory statement described in section 4 of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $251,645,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, 76th Congress), including services as authorized
by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
of the Gallery for membership in library, museum, and art associations
or societies whose publications or services are available to members
only, or to members at a price lower than to the general public;
purchase, repair, and cleaning of uniforms for guards, and uniforms, or
allowances therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $170,240,000,
to remain available until September 30, 2024, of which not to exceed
$3,875,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as
authorized, $39,000,000, to remain available until expended: Provided,
That of this amount, $27,208,000 shall be available for design and
construction of an off-site art storage facility in partnership with
the Smithsonian Institution and may be transferred to the Smithsonian
Institution for such purposes: Provided further, That contracts
awarded for environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and security
of the John F. Kennedy Center for the Performing Arts, $27,640,000, to
remain available until September, 30, 2024.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,740,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$15,000,000, to remain available until September 30, 2024.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $207,000,000 to remain available
until expended, of which $188,250,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $18,750,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $15,750,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000: Provided, That the item relating to
``National Capital Arts and Cultural Affairs'' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as enacted into
law by section 101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2023 in the second paragraph by inserting ``,
calendar year 2020 excluded'' before the first period: Provided
further, That in determining an eligible organization's annual income
for calendar years 2021, 2022, and 2023, funds or grants received by
the eligible organization from any supplemental appropriations Act
related to coronavirus or any other law providing appropriations for
the purpose of preventing, preparing for, or responding to coronavirus
shall be counted as part of the eligible organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $65,231,000, of which
$1,000,000 shall remain available until September 30, 2025, for the
Museum's equipment replacement program; and of which $4,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $90,000,000: Provided, That such section is
amended by striking ``$150,000,000'' and inserting ``$250,000,000''.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$1,000,000, to remain available until September 30, 2024: Provided,
That in addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States Semiquincentennial
Commission to plan and coordinate observances and activities associated
with the 250th anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to Public
Law 114-196, $15,000,000, to remain available until September 30, 2024.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this paragraph
as the ``Commission''), $550,000 to remain available until September
30, 2024: Provided, That in addition to the authority provided by
section 3(g)(5) and 3(h) of Public Law 114-244, the Commission may
hereafter accept in-kind personnel services, contractual support, or
any appropriate support from any executive branch agency for activities
of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
charges, from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau administrative
functions or headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations of the House of Representatives and
the Senate. Changes to such estimates shall be presented to the
Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned: (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2024, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2023.
contract support costs, fiscal year 2023 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2023 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2023
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450 et seq.) or by any other Federal laws that specifically
authorize a contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity within 60 days of enactment of this
Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2023.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by the
Bureau of Land Management, or the Secretary of Agriculture, with
respect to land administered by the Forest Service (referred to in this
section as the ``Secretary concerned''), may transfer excess wild
horses and burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local government
agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in the
destruction of the horse or burro into a commercial product;
(2) sell or otherwise transfer the horse or burro in a manner
that results in the destruction of the horse or burro for
processing into a commercial product; or
(3) euthanize the horse or burro, except on the recommendation
of a licensed veterinarian in a case of severe injury, illness, or
advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild horse
or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2023'' for
``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions of
the Department's wildland fire management program to such
organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2024'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in this
and prior fiscal years, may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161 (121
Stat 1844), as amended, shall be applied by substituting ``fiscal year
2023'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2023'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered paragraph
under heading ``Administrative Provisions, Forest Service'' in title
III of Public Law 109-54, as amended, shall be applied by substituting
``fiscal year 2023'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6)
of Public Law 108-108 and section 432 of Public Law 113-76, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq., or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law, in the
case of any lease under section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease
term shall commence no earlier than the date of receipt of the lease
proposal.
(b) The Secretaries of the Interior and Health and Human Services
shall, jointly or separately, during fiscal year 2023 consult with
tribes and tribal organizations through public solicitation and other
means regarding the requirements for leases under section 105(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent process for
the payment of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading ``Forest
Ecosystem Health and Recovery Fund'' in title I of Public Law 111-88,
as amended by section 117 of division F of Public Law 113-235, shall be
applied by substituting ``fiscal year 2023'' for ``fiscal year 2020''
each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available from
the National Parks and Public Land Legacy Restoration Fund for fiscal
year 2023 pursuant to subsection (c) of section 200402 of title 54,
United States Code, and as provided in subsection (e) of such section
of such title, to the agencies of the Department of the Interior and
the Department of Agriculture specified, in the amounts specified, for
the stations and unit names specified, and for the projects and
activities specified in the table titled ``Allocation of Funds:
National Parks and Public Land Legacy Restoration Fund Fiscal Year
2023'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary of the
Interior and the Secretary of Agriculture, as appropriate, shall
allocate amounts made available for expenditure from the Land and Water
Conservation Fund for fiscal year 2023 pursuant to subsection (a) of
section 200303 of title 54, United States Code, to the agencies and
accounts specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of Funds: Land
and Water Conservation Fund Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section,
neither the President nor his designee may allocate any amounts that
are made available for any fiscal year under subsection (c) of section
200402 of title 54, United States Code, or subsection (a) of section
200303 of title 54, United States Code, other than in amounts and for
projects and activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year, the matter
preceding this proviso shall not apply to the allocation of amounts for
continuing administration of programs allocated funds from the National
Parks and Public Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts that are no
more than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture
may reallocate amounts from each agency's ``Contingency Fund'' line in
the table titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2023'' to any project funded by the
National Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding deficiency due
to unforeseen cost overruns, in accordance with the following
requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated for
cost of adjustments and changes within the original scope of effort
for projects funded by the National Parks and Public Land Legacy
Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the Committees on
Appropriations 30 days before taking any actions authorized by this
subsection if the amount reallocated from the ``Contingency Fund''
line for a project is projected to be 10 percent or greater than
the following, as applicable:
(A) The amount allocated to that project in the table
titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the Committees on
Appropriations pursuant to section 431(e) of division G of the
Consolidated Appropriations Act, 2022 (Public Law 117-103).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate project
data sheets for the projects in the ``Submission of Annual List of
Projects to Congress'' required by section 200402(h) of title 54,
United States Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund'' line for
each agency within the allocations defined in subsection (e) of section
200402 of title 54, United States Code: Provided further, That in the
event amounts allocated by this Act or any prior Act for the National
Parks and Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated in such
submission to that agency's ``Contingency Fund'' line: Provided
further, That any proposals to change the scope of or terminate a
previously approved project must be clearly identified in such
submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate a list of
supplementary allocations for Federal land acquisition and Forest
Legacy Projects at the National Park Service, the U.S. Fish and
Wildlife Service, the Bureau of Land Management, and the U.S. Forest
Service that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States Code, that
are prioritized and detailed by account, program, and project, and that
total no less than half the full amount allocated to each account for
that land management Agency under the allocations submitted under
section 200303(c)(1) of title 54, United States Code: Provided, That
in the event amounts allocated by this Act or any prior Act pursuant to
subsection (a) of section 200303 of title 54, United States Code are no
longer needed because a project has been completed or can no longer be
executed, such amounts must be clearly identified if proposed for
reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects in the
``Submission of Cost Estimates'' required by section 200303(c)(1) of
title 54, United States Code, and on the list of supplementary
allocations required by subparagraph (A) shall be comprised only of
projects for which a willing seller has been identified and for which
an appraisal or market research has been initiated.
(C) Concurrent with the annual budget submission of the President
for fiscal year 2024, the Secretary of the Interior and the Secretary
of Agriculture shall each submit to the Committees on Appropriations of
the House of Representatives and the Senate project data sheets in the
same format and containing the same level of detailed information that
is found on such sheets in the Budget Justifications annually submitted
by the Department of the Interior with the President's Budget for the
projects in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and in the same format
and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) for the list of supplementary allocations required by
subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the House
of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the National Parks and
Public Land Legacy Restoration Fund for amounts allocated pursuant to
subsection (a)(1) of this section and the status of balances of
projects and activities funded by the Land and Water Conservation Fund
for amounts allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds, and, for
amounts allocated pursuant to subsection (a)(1) of this section,
National Parks and Public Land Legacy Restoration Fund amounts
reallocated pursuant to subsection (c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that--
(A) reflect the carbon neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act to the
Department of the Interior or the Department of Agriculture that are
subject to the allocations and limitations in 54 U.S.C. 200402(e) and
prohibitions in 54 U.S.C. 200402(f) may be further allocated or
reallocated to the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C. 200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
road construction
Sec. 439. Section 8206(a)(4)(B)(i) of the Agricultural Act of 2014
(16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting ``or Bureau of
Land Management managed'' after ``National Forest System''.
firefighter pay cap
Sec. 440. Section 1701 of division B of the Extending Government
Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note),
as amended by Public Law 117-103, is further amended--
(1) in subsection (a)(1), by striking the last sentence and
inserting ``Any Services during a given calendar year that generate
payments payable in the subsequent calendar year shall be
disregarded in applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting ``or 2023''
after ``or 2022'' each place it appears.
forest service interest bearing account
Sec. 441. (a) Investment Authority.--Any monies covered into the
Treasury under section 7 of the Act of June 20, 1958 (Public Law 85-
464; 16 U.S.C. 579c), including all monies that were previously
collected by the United States in a forfeiture, judgment, compromise,
or settlement, shall be invested by the Secretary of the Treasury in
interest bearing obligations of the United States to the extent the
amounts are not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
(b) Availability of Funds.--Any interest earned under subsection
(a) shall be available in the same manner as the monies covered into
the Treasury under section 7 of the Act of June 20, 1958 (Public Law
85-464; 16 U.S.C. 579c) to cover the costs to the United States
specified in section 7 of that Act.
(c) Use of Funds.--Any portion of the monies received or earned
under subsection (a) in excess of the amount expended in performing the
work necessitated by the action which led to their receipt may be used
to cover the other work specified in section 7 of the Act of June 20,
1958 (Public Law 85-464; 16 U.S.C. 579c).
(d) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
technical correction
Sec. 442. In the table entitled ``Interior and Environment
Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items'' in the explanatory statement described in
section 4 in the matter preceding division A of Public Law 117-103 and
in the table under the heading ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' in such explanatory
statement, the project relating to ``City of Metlakatla for Solid Waste
Multi Use Portable Shredder'' is deemed to be amended by striking
``City of Metlakatla for Solid Waste Multi Use Portable Shredder'' and
inserting ``Metlakatla Indian Community for Solid Waste Multi Use
Portable Shredder''.
hazardous substance superfund
Sec. 443. (a) Section 613 of title VI of division J of Public Law
117-58 is repealed.
(b) For this fiscal year and each fiscal year thereafter, such sums
as are available in the Hazardous Substance Superfund established under
section 9507 of the Internal Revenue Code of 1986 at the end of the
preceding fiscal year from taxes received in the Treasury under
subsection (b)(1) of such section shall be available, without further
appropriation, to remain available until expended, to be used to carry
out the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.): Provided, That the
amount provided by this subsection is designated by the Congress as
being for an emergency requirement pursuant to section 4001(a)(1) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June 8,
2022.
(c) Expenditures made pursuant to section 613 of title VI of
division J of Public Law 117-58 shall be charged to the appropriation
in subsection (b).
golden gate national recreation area
Sec. 444. Section 3 of Public Law 92-592 (16 U.S.C. 460cc-2) is
amended by adding at the end the following:
``(j) Authority to Grant Easements and Rights-of-Way Permit.--
``(1) In general.--The Secretary of the Interior may grant, to
any State or local government, an easement or right-of-way permit
over Federal lands within Golden Gate National Recreation Area for
operation and maintenance of projects for control and prevention of
flooding and shoreline erosion and associated structures for
continued public access.
``(2) Charges and reimbursements of costs.--The Secretary may
grant such an easement or right-of-way permit without charge for
the value of the use so conveyed, except for reimbursement of costs
incurred by the United States for processing the application
therefore and managing such use. Amounts received as such
reimbursement shall be credited to the relevant appropriation
account.''.
alaska native regional health entities authorization extension
Sec. 445. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76) shall be
applied by substituting ``October 1, 2023'' for ``December 24, 2022''.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $4,140,911,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,929,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for the
period July 1, 2023 through June 30, 2024, and of which
$712,000,000 shall be available for the period October 1, 2023
through June 30, 2024;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2023 through June 30, 2024;
and
(C) $1,095,553,000 for dislocated worker employment and
training activities, of which $235,553,000 shall be available
for the period July 1, 2023 through June 30, 2024, and of which
$860,000,000 shall be available for the period October 1, 2023
through June 30, 2024:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not be
subject to the requirements of section 127(b)(1)(B)(ii) of such
Act: Provided further, That notwithstanding the requirements of
WIOA, outlying areas may submit a single application for a
consolidated grant that awards funds that would otherwise be
available to such areas to carry out the activities described in
subtitle B of title I of the WIOA: Provided further, That such
application shall be submitted to the Secretary of Labor (referred
to in this title as ``Secretary''), at such time, in such manner,
and containing such information as the Secretary may require:
Provided further, That outlying areas awarded a consolidated grant
described in the preceding provisos may use the funds for any of
the programs and activities authorized under such subtitle B of
title I of the WIOA subject to approval of the application and such
reporting requirements issued by the Secretary; and
(2) for national programs, $1,211,579,000 as follows:
(A) $325,859,000 for the dislocated workers assistance
national reserve, of which $125,859,000 shall be available for
the period July 1, 2023 through September 30, 2024, and of
which $200,000,000 shall be available for the period October 1,
2023 through September 30, 2024: Provided, That funds provided
to carry out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the State
workforce development plan with emerging economic development
needs; and train such eligible dislocated workers: Provided
further, That funds provided to carry out sections 168(b) and
169(c) of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of the
WIOA, of the funds provided under this subparagraph, the
Secretary may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA: Provided
further, That of the funds provided under this subparagraph,
$115,000,000 shall be for training and employment assistance
under sections 168(b), 169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1), workers in the
Lower Mississippi, as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat. 2246; 7
U.S.C. 2009aa(2)), and workers in the region served by the
Northern Border Regional Commission, as defined by 40
U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose of
developing, offering, or improving educational or career
training programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62: Provided further, That any grant
funds used for apprenticeships shall be used to support
only apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA;
(B) $60,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2023 through June 30, 2024;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $90,134,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $6,591,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $671,000 for other discretionary
purposes, which shall be available for the period April 1, 2023
through June 30, 2024: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services: Provided
further, That notwithstanding the definition of ``eligible
seasonal farmworker'' in section 167(i)(3)(A) of the WIOA
relating to an individual being ``low-income'', an individual
is eligible for migrant and seasonal farmworker programs under
section 167 of the WIOA under that definition if, in addition
to meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $105,000,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2023 through June 30, 2024;
(E) $115,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be available
for the period April 1, 2023 through June 30, 2024: Provided,
That of this amount, $30,000,000 shall be for competitive
grants to national and regional intermediaries for activities
that prepare for employment young adults with criminal legal
histories, young adults who have been justice system-involved,
or young adults who have dropped out of school or other
educational programs, with a priority for projects serving
high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall be
available for the period July 1, 2023 through June 30, 2024;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of the
WIOA, to be available to the Secretary to carry out activities
through grants, cooperative agreements, contracts and other
arrangements, with States and other appropriate entities,
including equity intermediaries and business and labor industry
partner intermediaries, which shall be available for the period
July 1, 2023 through June 30, 2024; and
(H) $217,324,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2023 through June 30, 2024,
in addition to funds available for such activities under
subparagraph (A) for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such funds may be used for projects that are
related to the employment and training needs of dislocated
workers, other adults, or youth: Provided further, That the 10
percent funding limitation under such section of the WIOA shall
not apply to such funds: Provided further, That section
169(b)(6)(C) of the WIOA shall not apply to such funds:
Provided further, That sections 102 and 107 of this Act shall
not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,760,155,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2023 through June 30, 2024;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2023 through June 30, 2026, and which may include
the acquisition, maintenance, and repair of major items of
equipment: Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of such centers
or to achieve administrative efficiencies: Provided further, That
any funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2023: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2022
through September 30, 2023:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $405,000,000, which shall be available for
the period April 1, 2023 through June 30, 2024, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2023 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended,
$494,400,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2023: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,925,084,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,134,635,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $375,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act, any
claimants of regular compensation, as defined in such section,
including those who are profiled as most likely to exhaust their
benefits, may be eligible for such services and assessments:
Provided, That of such amount, $117,000,000 is specified for grants
under section 306 of the Social Security Act and is provided to
meet the terms of a concurrent resolution on the budget in the
Senate and section 1(j)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022, and
$258,000,000 is additional new budget authority specified for
purposes of a concurrent resolution on the budget in the Senate and
section 1(j) of such House resolution; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of 1974
and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a) of the Trade
Act of 1974, as amended, and shall be available for obligation by
the States through December 31, 2023, except that funds used for
automation shall be available for Federal obligation through
December 31, 2023, and for State obligation through September 30,
2025, or, if the automation is being carried out through consortia
of States, for State obligation through September 30, 2029, and for
expenditure through September 30, 2030, and funds for competitive
grants awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment
services and referrals to training, as appropriate, shall be
available for Federal obligation through December 31, 2023 (except
that funds for outcome payments pursuant to section 306(f)(2) of
the Social Security Act shall be available for Federal obligation
through March 31, 2024), and for obligation by the States through
September 30, 2025, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for obligation by
the State through September 30, 2024, and funds used for
unemployment insurance workloads experienced through September 30,
2023 shall be available for Federal obligation through December 31,
2023;
(2) $23,000,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $658,639,000 from the Trust Fund, together with $21,413,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2023
through June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986 (including assisting States in adopting or modernizing
information technology for use in the processing of certification
requests), and the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $83,810,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$60,528,000 shall be available for the Federal administration of
such activities, and $23,282,000 shall be available for grants to
States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and shall be available for
Federal obligation for the period July 1, 2023 through June 30,
2024, of which up to $9,800,000 may be used to carry out research
and demonstration projects related to testing effective ways to
promote greater labor force participation of people with
disabilities: Provided, That the Secretary may transfer amounts
made available for research and demonstration projects under this
paragraph to the ``Office of Disability Employment Policy'' account
for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2023 is projected by the
Department of Labor to exceed 1,778,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2024, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2024.
program administration
For expenses of administering employment and training programs,
$118,900,000, together with not to exceed $54,015,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall be made
available through September 30, 2024, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2023, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2023 shall be
available for obligations for administrative expenses in excess of
$493,314,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2023, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2027, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2027 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2027 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $120,500,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; section
5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred
under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50
percent of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers' Compensation Act,
$250,000,000, together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year, for deposit into and to assume the attributes of
the Employees' Compensation Fund established under 5 U.S.C. 8147(a):
Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by
the Secretary to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2022, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2023: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees'
Compensation Act, $81,752,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,727,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,125,000;
(3) For periodic roll disability management and medical review,
$26,126,000;
(4) For program integrity, $1,744,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $36,031,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2024, $10,250,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $64,564,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2023 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $42,194,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$38,407,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $353,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed $120,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2023, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $12,787,000 shall be available for Susan Harwood training
grants, of which not more than $6,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, for program activities starting
not later than September 30, 2023 and lasting for a period of 12
months: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $629,952,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,000,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment
Insurance and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $391,889,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$81,725,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2023: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than $30,175,000 shall
be for programs to combat exploitative child labor internationally and
not less than $30,175,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements or
trade preference programs: Provided further, That $8,281,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2024: Provided further, That funds available for
program evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided further,
That of the amounts made available to the Women's Bureau, not less than
$5,000,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $185,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and
for the expenses described in section 4102A(b)(5)(C), which shall
be available for expenditure by the States through September 30,
2025, and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to allow for the
tracking of participant and performance information: Provided,
That, in addition, such funds may be used to support such
specialists and representatives in the provision of services to
transitioning members of the Armed Forces who have participated in
the Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or injured
members;
(2) $34,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters 41,
42, and 43 of title 38, and sections 2021, 2021A and 2023 of title
38, United States Code: Provided, That, up to $500,000 may be used
to carry out the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2023, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $34,269,000, which shall be available
through September 30, 2024.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$91,187,000, together with not to exceed $5,841,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That not more than $2,000,000 of
the amount provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under this subsection shall be available to the Secretary
to carry out program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with States
and other appropriate entities: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2024.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2024: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans' Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from or
relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is greater,
for the number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal agency
or department;
``(B) the term `employee employed to adjust or evaluate claims
resulting from or relating to such major disaster' means an
individual who timely secured or secures a license required by
applicable law to engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that maintains worker
compensation insurance coverage or protection for its employees, if
required by applicable law, and withholds applicable Federal,
State, and local income and payroll taxes from the wages, salaries
and any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason of
ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies,
directly or indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-
2B nonimmigrants filed by an employer in the seafood industry is
granted, the employer may bring the nonimmigrants described in the
petition into the United States at any time during the 120-day
period beginning on the start date for which the employer is
seeking the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer in
the seafood industry may not bring H-2B nonimmigrants into the
United States after the date that is 90 days after the start date
for which the employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during the
workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official duties
by the Secretary;
``(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of the
Secretary who is participating in an activity or event relating to
the official duties of the Secretary;
``(3) provide continuous protection to the Secretary (including
during periods not described in paragraph (1)) and to the members
of the immediate family of the Secretary if there is a unique and
articulable threat of physical harm, in accordance with guidelines
established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with the
Inspector General of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition, to include any associated
construction project, will not be subject to any requirement of any
Federal law or regulation relating to the disposition of Federal real
property or relating to Federal procurement, including but not limited
to subchapter III of chapter 5 of title 40 of the United States Code,
subchapter V of chapter 119 of title 42 of the United States Code, and
chapter 33 of division C of subtitle I of title 41 of the United States
Code. The net proceeds of such a sale shall be transferred to the
Secretary, which shall be available until expended to carry out the Job
Corps Program on Treasure Island.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States Department
of Agriculture; or
(2) close any of the Civilian Conservation Centers, except if
such closure is necessary to prevent the endangerment of the health
and safety of the students, the capacity of the program is
retained, and the requirements of section 159(j) of the WIOA are
met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$142,000,000 are hereby permanently rescinded not later than September
30, 2023.
This title may be cited as the ``Department of Labor Appropriations
Act, 2023''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,858,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,390,376,000: Provided, That section 751(j)(2) of the PHS Act and
the proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made available
under this heading: Provided further, That for any program operating
under section 751 of the PHS Act on or before January 1, 2009, the
Secretary of Health and Human Services (referred to in this title as
the ``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That section 756(c) of the PHS Act shall apply to paragraphs (1)
through (4) of section 756(a) of such Act: Provided further, That no
funds shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That $125,600,000 shall remain available until expended for
the purposes of providing primary health services, assigning National
Health Service Corps (``NHSC'') participants to expand the delivery of
substance use disorder treatment services, notwithstanding the
assignment priorities and limitations under sections 333(a)(1)(D),
333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, within the amount made available in the
previous proviso, $15,600,000 shall remain available until expended for
the purposes of making payments under the NHSC Loan Repayment Program
under section 338B of the PHS Act to individuals participating in such
program who provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this heading,
$6,000,000 shall be available to make grants to establish, expand, or
maintain optional community-based nurse practitioner fellowship
programs that are accredited or in the accreditation process, with a
preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or
behavioral health: Provided further, That of the funds made available
under this heading, $10,000,000 shall remain available until expended
for activities under section 775 of the PHS Act: Provided further,
That the United States may recover liquidated damages in an amount
determined by the formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service obligated by a
contract under section 775(b) of the PHS Act: Provided further, That
for purposes of section 775(c)(1) of the PHS Act, the Secretary may
include other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate
a contract entered into under section 775 of the PHS Act in the same
manner articulated in section 206 of this title for fiscal year 2023
contracts entered into under section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the Secretary
shall give priority to public institutions of higher education located
in States with a projected primary care provider shortage in 2025, as
determined by the Secretary: Provided further, That grants so awarded
are limited to such public institutions of higher education in States
in the top quintile of States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further, That
such a grant may be awarded for a period not to exceed 5 years:
Provided further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not less than 10 percent of the
total amount of Federal funds provided in the grant to such institution
with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $1,171,430,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $219,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall
remain available to the Secretary through September 30, 2025, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$165,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $99,009,000, of which $122,000 shall be available until expended
for facilities-related expenses of the National Hansen's Disease
Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$352,407,000, of which $64,277,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $20,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology, no less than $5,000,000 shall be available to award grants
to public or non-profit private entities for the Rural Emergency
Hospital Technical Assistance Program, and up to $1,000,000 shall be to
carry out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the purchase
and implementation of telehealth services and other efforts to improve
health care coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be
available for State Offices of Rural Health: Provided further, That
$12,500,000 shall remain available through September 30, 2025, to
support the Rural Residency Development Program: Provided further,
That $145,000,000 shall be for the Rural Communities Opioids Response
Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for
cross-cutting activities and program support for activities funded in
other appropriations included in this Act for the Health Resources and
Services Administration, $1,735,769,000, of which $38,050,000 shall be
for expenses necessary for the Office for the Advancement of
Telehealth, including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $1,521,681,000
shall be used for the projects financing the construction and
renovation (including equipment) of health care and other facilities,
and for the projects financing one-time grants that support health-
related activities, including training and information technology, and
in the amounts specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the
preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000, to
remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $499,941,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $698,772,000: Provided,
That of the amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the transportation,
medical care, treatment, and other related costs of persons quarantined
or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,175,464,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act
for not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$16,500,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $205,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $754,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $229,850,000: Provided, That of the
amounts appropriated under this heading up to $4,000,000 may remain
available until expended for carrying out the Vessel Sanitation
Program, in addition to user fee collections available for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any use of funds pursuant to the preceding proviso.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1) $128,921,000
shall remain available through September 30, 2024 for international
HIV/AIDS; and (2) $293,200,000 shall remain available through September
30, 2025 for global public health protection: Provided, That funds may
be used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $883,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and
number of days detailed, and an update of such report every 180 days
until staff are no longer on detail without reimbursement to the CDC
Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $40,000,000,
which shall remain available until September 30, 2027: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That funds made available to this account in this or any prior Act that
are available for the acquisition of real property or for construction
or improvement of facilities in conjunction with the new replacement
mine safety research facility shall be available to make improvements
on non-federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed $5,000,000:
Provided further, That in addition, the prior year unobligated balance
of any amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $563,570,000, of which: (1)
$350,000,000 shall remain available through September 30, 2024, for
public health infrastructure and capacity; and (2) $50,000,000 shall
remain available through September 30, 2024 for forecasting epidemics
and outbreak analytics: Provided, That paragraphs (1) through (3) of
subsection (b) of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of the CDC:
Provided further, That of the amounts made available under this
heading, $35,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the Infectious
Diseases Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That funds
appropriated under this heading may be used to support a contract for
the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2024.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,104,159,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,300,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,588,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,239,679,000, of which
$1,412,482,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $425,956,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,749,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,407,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,112,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$524,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2024: Provided
further, That in fiscal year 2023, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $923,323,000: Provided, That up to
$70,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,642,914,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $722,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be
for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $80,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000
shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and
operations of the NIH, including agency efforts to ensure the integrity
of its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous proviso
may be transferred from one specified activity to another with 15 days
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Inspector
General shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2023 and 2024 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts made available under this heading are also available to
establish, operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided further, That
the funds made available under this heading for the Office of Research
on Women's Health shall also be available for making grants to serve
and promote the interests of women in research, and the Director of
such Office may, in making such grants, use the authorities available
to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of the Internal Revenue Code
of 1986 (26 U.S.C. 9008), for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $350,000,000, to remain
available through September 30, 2027.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $1,085,000,000, to remain available until
expended: Provided, That such amounts are appropriated pursuant to
section 1001(b)(3) of such Act, are to be derived from amounts
transferred under section 1001(b)(2)(A) of such Act, and may be
transferred by the Director of the National Institutes of Health to
other accounts of the National Institutes of Health solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director that funds transferred pursuant to the
previous proviso are not necessary for the purposes provided, such
amounts may be transferred back to the Account: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,693,507,000: Provided, That of the funds made available under this
heading, $93,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to
carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this heading
for subpart I of part B of title XIX of the PHS Act, at least 5 percent
shall be available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2023: Provided further, That $385,000,000
shall be available until September 30, 2025 for grants to communities
and community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$21,420,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $4,076,098,000: Provided, That $1,575,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the
PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such
amount $55,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That in allocating the
amount made available in the preceding proviso, the Secretary shall
ensure that the formula avoids a significant cliff between States with
similar overdose mortality rates to prevent unusually large funding
changes in States when compared to prior year allocations: Provided
further, That of the amounts provided for State Opioid Response Grants
not more than 2 percent shall be available for Federal administrative
expenses, training, technical assistance, and evaluation: Provided
further, That of the amount not reserved by the previous four provisos,
the Secretary shall make allocations to States, territories, and the
District of Columbia according to a formula using national survey
results that the Secretary determines are the most objective and
reliable measure of drug use and drug-related deaths: Provided
further, That the Secretary shall submit the formula methodology to the
Committees on Appropriations of the House of Representatives and the
Senate not less than 21 days prior to publishing a Funding Opportunity
Announcement: Provided further, That prevention and treatment
activities funded through such grants may include education, treatment
(including the provision of medication), behavioral health services for
individuals in treatment programs, referral to treatment services,
recovery support, and medical screening associated with such treatment:
Provided further, That each State, as well as the District of
Columbia, shall receive not less than $4,000,000: Provided further,
That in addition to amounts provided herein, the following amounts
shall be available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1935(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS
Act or State Opioid Response Grants shall be subject to section 241 of
such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $301,932,000: Provided, That of
the amount made available under this heading, $160,777,000 shall be
used for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act: Provided further, That
in addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2024: Provided further, That funds made
available under this heading (other than amounts specified in the first
proviso under this heading) may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$373,500,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2023: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2024.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $367,357,090,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2023, for
the last quarter of fiscal year 2023 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2024, $197,580,474,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$548,130,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2023 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That of the amount made available under this heading, $397,334,000
shall remain available until September 30, 2024, and shall be available
for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $893,000,000, to remain available through
September 30, 2024, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $665,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $105,145,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $122,207,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2023 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $317,000,000
is provided to meet the terms of a concurrent resolution on the budget
in the Senate, and $576,000,000 is additional new budget authority
specified for purposes of a concurrent resolution on the budget in the
Senate and section 1(h) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022 for additional health
care fraud and abuse control activities: Provided further, That the
Secretary shall provide not less than $35,000,000 from amounts made
available under this heading and amounts made available for fiscal year
2023 under section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,883,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2024, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $1,500,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $9,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the Secretary may,
in addition to the authorities provided in section 2609A(a)(1), use
such funds through contracts with private entities that do not qualify
as nonprofit organizations: Provided further, That all but
$884,848,000 of the amount appropriated under this heading in this Act
and in the second paragraph under this heading in the Disaster Relief
Supplemental Appropriations Act, 2023 shall be allocated as though the
total appropriation for such payments for fiscal year 2023 was less
than $1,975,000,000: Provided further, That, after applying all
applicable provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive an
allocation, from the amount appropriated under this heading in this Act
together with the amount appropriated in the second paragraph under
this heading in the Disaster Relief Supplemental Appropriations Act,
2023, that is less than 97 percent of the amount that it received under
this heading for fiscal year 2022 from amounts appropriated in Public
Law 117-103 shall have its allocation increased to that 97 percent
level, with the portions of other States' and territories' allocations
that would exceed 100 percent of the amounts they respectively received
in such fashion for fiscal year 2022 being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$6,427,214,000, of which $6,377,459,000 shall remain available through
September 30, 2025 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 shall not apply to funds made
available under this heading: Provided further, That for any month in
fiscal year 2023 that the number of unaccompanied children referred to
the Department of Health and Human Services pursuant to section 462 of
the Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
exceeds 13,000, as determined by the Secretary of Health and Human
Services, an additional $27,000,000, to remain available until
September 30, 2024, shall be made available for obligation for every
500 unaccompanied children above that level (including a pro rata
amount for any increment less than 500), for carrying out such sections
462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $8,021,387,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$214,960,000 shall be for Indian tribes and tribal organizations:
Provided further, That of the amounts made available under this
heading, the Secretary may reserve up to 0.5 percent for Federal
administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, and the Low-Income Home Energy Assistance
Act of 1981, $14,618,437,000, of which $75,000,000, to remain available
through September 30, 2024, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2023: Provided, That
$11,996,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $596,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations act,
funding available for a cost of living adjustment shall not be
construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs (7)(B)
and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such
funds shall not be included in the calculation of ``base grant'' in
subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in such
section, of which not less than $13,000,000 shall be available to
migrant and seasonal Head Start programs for such activities, in
addition to funds made available for migrant and seasonal Head
Start programs under any other provision of section 640(a) of such
Act;
(4) $100,000,000, in addition to funds otherwise available for
such purposes under section 640 of the Head Start Act, shall be
available through September 30, 2024, for awards to eligible
entities for Head Start and Early Head Start programs and to
entities defined as eligible under section 645A(d) of such Act for
high quality infant and toddler care through Early Head Start-Child
Care Partnerships, and for training and technical assistance for
such activities: Provided, That of the funds made available in
this paragraph, up to $21,000,000 shall be available to the
Secretary for the administrative costs of carrying out this
paragraph;
(5) $8,000,000 shall be available for the Tribal Colleges and
Universities Head Start Partnership Program consistent with section
648(g) of such Act; and
(6) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $315,000,000 shall be
available until December 31, 2023 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $804,383,000 shall be for
making payments under the CSBG Act: Provided further, That for
services furnished under the CSBG Act with funds made available for
such purpose in this fiscal year and in fiscal year 2022, States may
apply the last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided further,
That $34,383,000 shall be for section 680 of the CSBG Act, of which not
less than $22,383,000 shall be for section 680(a)(2) and not less than
$12,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to
the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under such
Act, and have not been expended by such entity, they shall remain with
such entity for carryover into the next fiscal year for expenditure by
such entity consistent with program purposes: Provided further, That
the Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $240,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and
Federal costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided
further, That $107,848,000 shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $86,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $6,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case
of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2024,
$3,200,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist
individuals with disabilities, $2,482,545,000, together with
$55,242,000 to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund to
carry out section 4360 of the Omnibus Budget Reconciliation Act of
1990: Provided, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That up
to 5 percent of the funds provided for adult protective services grants
under section 2042 of title XX of the Social Security Act may be used
to make grants to Tribes and tribal organizations: Provided further,
That $2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship: Provided further, That of the amount made available
under this heading, $41,644,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$537,144,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $60,000,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $35,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in
the prevention, diagnosis, and treatment of kidney diseases (as
authorized by section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $196,000,000 shall remain available until
September 30, 2024, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $66,238,000 shall be from
amounts made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$87,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums shall be
available for carrying out activities authorized under section 3022 of
the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,647,569,000, of which $950,000,000 shall remain
available through September 30, 2024, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2025: Provided further, That $75,000,000 of the
amounts made available to support coordination of the development,
production, and distribution of vaccines, therapeutics, and other
medical countermeasures shall remain available through September 30,
2024.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $820,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $965,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $335,000,000; of which $300,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act with
respect to advanced research projects for health, $1,500,000,000, to
remain available through September 30, 2025: Provided, That the
President shall appoint in the Department of Health and Human Services
a director of advanced research projects for health (Director):
Provided further, That funds may be used to make or rescind
appointments of scientific, medical, and professional personnel without
regard to any provision in title 5 governing appointments under the
civil service laws: Provided further, That funds may be used to fix
the compensation of such personnel at a rate to be determined by the
Director, up to the amount of annual compensation (excluding expenses)
specified in section 102 of title 3, United States Code: Provided
further, That the Director may use funds made available under this
heading to make awards in the form of grants, contracts, cooperative
agreements, and cash prizes, and enter into other transactions (as
defined in section 319L(a)(3) of the PHS Act): Provided further, That
activities supported with funds provided under this heading shall not
be subject to the requirements of sections 406(a)(3)(A)(ii) or 492 of
the PHS Act: Provided further, That the Secretary may transfer the
Advanced Research Projects Agency for Health, including the functions,
personnel, missions, activities, authorities, and funds, within 30 days
of enactment of this Act to any agency or office of the Department of
Health and Human Services, including the National Institutes of Health:
Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate shall be notified at least 15 days in
advance of any transfer pursuant to the preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2023 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2023:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by encouraging
full and open competition or promoting economy in administration,
performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2024
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and the
amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws other
than the ACA and work on programs that existed prior to the passage
of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2024 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2024. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2025, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect to
breast cancer screening, mammography, and prevention last issued
before 2009; and
(2) such recommendations last issued before 2009 applied to any
screening mammography modality under section 1861(jj) of the Social
Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act of
2010 pertaining to enrollments during the open enrollment period;
and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the Public
Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $455,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations of
any such facility that remains in operation for more than six
consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours, one
(1) on-duty Youth Care Worker for every sixteen (16) children
or youth during sleeping hours, and clinician ratios to
children (including mental health providers) as required in
grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contractor's
or grantee's non-compliance with paragraph (1) if the Secretary
certifies and provides a report to Congress on the contractor's or
grantee's good-faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph (2)
may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more than
three consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first three months of
operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment of this
Act, ORR shall brief the Committees on Appropriations of the House
of Representatives and the Senate outlining the requirements of ORR
for influx facilities including any requirement listed in paragraph
(1)(A) that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 234. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent to
apprehension at or between ports of entry, to be reported by sector
where separation occurred; and
(2) the documented cause of separation, as reported by DHS when
each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $650,000,000 are hereby rescinded not later than September 30,
2023.
Sec. 237. The Secretary of Health and Human Services may waive
penalties and administrative requirements in title XXVI of the Public
Health Service Act for awards under such title from amounts provided
under the heading ``Department of Health and Human Services--Health
Resources and Services Administration'' in this or any other
appropriations Act for this fiscal year, including amounts made
available to such heading by transfer.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2023''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $19,087,790,000, of which
$8,159,490,000 shall become available on July 1, 2023, and shall remain
available through September 30, 2024, and of which $10,841,177,000
shall become available on October 1, 2023, and shall remain available
through September 30, 2024, for academic year 2023-2024: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2022, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $5,282,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $5,282,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $224,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $52,123,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,618,112,000,
of which $1,468,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $18,406,000, to remain available
through September 30, 2024, shall be for construction under section
7007(b), $78,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2022-2023,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 7003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,810,642,000, of which $3,952,312,000 shall become available on July
1, 2023, and remain available through September 30, 2024, and of which
$1,681,441,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024, for academic year 2023-
2024: Provided, That $390,000,000 shall be for part B of title I:
Provided further, That $1,329,673,000 shall be for part B of title IV:
Provided further, That $45,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related to
a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative
costs: Provided further, That $44,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That $55,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $24,464,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $215,000,000
shall be for part B of title V: Provided further, That $1,380,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $194,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and
$12,365,000 shall be for subpart 3 of part A of title VI: Provided,
That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g)
of the ESEA on the use of funds for administrative purposes shall apply
only to direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds provided
under this heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,253,000,000: Provided, That $286,000,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $683,000,000 shall be for parts C, D, and E and
subpart 4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use not less than
$60,000,000 to carry out section 4304, of which not more than
$10,000,000 shall be available to carry out section 4304(k),
$140,000,000, to remain available through March 31, 2024, to carry out
section 4305(b), and not more than $16,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $284,000,000 shall be available
through December 31, 2023 for subpart 1 of part F of title IV:
Provided further, That of the funds available for subpart 4 of part F
of title IV, not less than $8,000,000 shall be used for continuation
grants for eligible national nonprofit organizations, as described in
the Applications for New Awards; Assistance for Arts Education Program
published in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $457,000,000, to remain available through
December 31, 2023: Provided, That $216,000,000 shall be available for
section 4631, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $890,000,000,
which shall become available on July 1, 2023, and shall remain
available through September 30, 2024, except that 6.5 percent of such
amount shall be available on October 1, 2022, and shall remain
available through September 30, 2024, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$15,453,264,000, of which $5,870,321,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $9,283,383,000 shall become available on October 1, 2023, and
shall remain available through September 30, 2024, for academic year
2023-2024: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2022, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2022: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal
year in which a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each State in an
amount equal to the maximum amount described in section 643(e)(2)(B) of
such Act: Provided further, That if more than 5 States apply for
grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
allotted under section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds it
receives under section 633 of the IDEA to offer continued early
intervention services to a child who previously received services under
part C of the IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent and without
regard to the procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,092,906,000, of which $3,949,707,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this
Act, and unobligated balances from title III of the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2022, (division H of Public Law 117-103), that
remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities, including related Federal administrative expenses, and
for improving monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation Act,
including information technology modernization: Provided further, That
up to 15 percent of the amounts available subsequent to reallotment for
the activities described in the first proviso from funds provided under
this paragraph in this Act, may be used for evaluation and technical
assistance related to such activities: Provided further, That States
may award subgrants for a portion of the funds to other public and
private, nonprofit entities: Provided further, That any funds provided
in this Act and made available subsequent to reallotment for the
purposes described in the first proviso shall remain available until
September 30, 2024: Provided further, That the Secretary may transfer
funds provided in this Act and made available subsequent to the
reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for the
evaluation of outcomes for students receiving services and supports
under IDEA and under title I, section 504 of title V, and title VI of
the Rehabilitation Act: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $92,500,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $165,361,000, of which up to $15,000,000, to remain available
until expended, shall be for construction, as defined by section 201(2)
of such Act: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$2,191,436,000, of which $1,400,436,000 shall become available on July
1, 2023, and shall remain available through September 30, 2024, and of
which $791,000,000 shall become available on October 1, 2023, and shall
remain available through September 30, 2024: Provided, That
$25,000,000 shall be available for innovation and modernization grants
under such section 114(e) of the Perkins Act: Provided further, That
of the amounts made available for AEFLA, $13,712,000 shall be for
national leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,615,352,000 which shall remain available
through September 30, 2024.
The maximum Pell Grant for which a student shall be eligible during
award year 2023-2024 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,033,943,000, to remain available through
September 30, 2024: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to October 1,
2017, the Secretary shall allow student loan borrowers who are
consolidating Federal student loans to select from any student loan
servicer to service their new consolidated student loan: Provided
further, That in order to promote accountability and high-quality
service to borrowers, the Secretary shall not award funding for any
contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support to
borrowers at risk of delinquency or default: Provided further, That
FSA shall ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service levels; are
held accountable for and have a history of compliance with applicable
consumer protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance: Provided further, That not later than
60 days after enactment of this Act, FSA shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2023 and provide quarterly
updates on this plan (including contracts awarded, change orders,
bonuses paid to staff, reorganization costs, and any other activity
carried out using amounts provided under this heading for fiscal year
2023): Provided further, That the FSA Next Generation Processing and
Servicing Environment, or any new Federal student loan servicing
environment, shall include accountability measures that account for the
performance of the portfolio and contractor compliance with FSA
guidelines: Provided further, That notwithstanding the requirements of
the Federal Property and Administration Services Act of 1949, 41 U.S.C.
3101 et seq., as amended; parts 6, 16, and 37 of title 48, Code of
Federal Regulations; or any other procurement limitation on the period
of performance, the Secretary may extend the period of performance for
any contract under section 456 of the HEA for servicing activities for
up to one year from the current date of expiration.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,526,037,000, of which $184,000,000 shall remain available through
December 31, 2023: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government,
the professions, or international development: Provided further, That
of the funds referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of
title IV of the HEA may be used for evaluation: Provided further, That
section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the
HEA: Provided further, That amounts made available for carrying out
section 419N of the HEA may be awarded notwithstanding the limitations
in section 419N(b)(2) of the HEA: Provided further, That of the
amounts made available under this heading, $429,587,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
302 of this Act.
Howard University
For partial support of Howard University, $354,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2024: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $752,065,725:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664 of the
Individuals with Disabilities Education Act, $807,605,000, which shall
remain available through September 30, 2024: Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public
or private organizations or agencies to support activities to improve
data coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $426,907,000, of which up to $7,000,000, to
remain available until expended, shall be available for relocation
expenses, and for the renovation and repair of leased buildings:
Provided, That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous Appropriations Acts
to the Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $67,500,000, of which $3,000,000 shall remain available until
expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2023, through September 30, 2024.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2023 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be
applied by substituting ``2023'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall
be applied by substituting ``2023'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023, $75,000,000 are hereby
rescinded.
Sec. 309. Of the amounts made available in this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 310. The Secretary may reserve not more than 0.5 percent from
any amount made available in this Act for an HEA program, except for
any amounts made available for subpart 1 of part A of title IV of the
HEA, to carry out rigorous and independent evaluations and to collect
and analyze outcome data for any program authorized by the HEA:
Provided, That no funds made available in this Act for the ``Student
Aid Administration'' account shall be subject to the reservation under
this section: Provided further, That any funds reserved under this
section shall be available through September 30, 2025: Provided
further, That if, under any other provision of law, funds are
authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and Pensions
of the Senate, and the Committee on Education and Labor of the House of
Representatives a plan that identifies the source and amount of funds
reserved under this section, the impact on program grantees if funds
are withheld for the purposes of this section, and the activities to be
carried out with such funds.
Sec. 311. In addition to amounts otherwise appropriated by this
Act under the heading ``Innovation and Improvement'' for purposes
authorized by the Elementary and Secondary Education Act of 1965, there
are hereby appropriated an additional $200,443,000 which shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available for such
projects shall be subject to section 302 of this Act.
(including transfer of funds)
Sec. 312. Of the amounts appropriated in this Act for ``Institute
of Education Sciences'', $19,000,000 shall be available for the
Secretary of Education (``the Secretary'') to provide support services
to the Institute of Education Sciences (including, but not limited to
information technology services, lease or procurement of office space,
human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary
amounts to the ``Institute of Education Sciences'' account from the
``Program Administration'' account: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 14 days in advance of any transfer made
pursuant to this section.
Sec. 313. The Education Amendments Act of 1972 is amended by
striking section 802.
(rescission)
Sec. 314. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A
of title IV of the HEA, $360,000,000 are hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2023''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $13,124,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $3,150,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $975,525,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $19,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $230,000,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2023, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section shall
be considered ``qualified entities'' under section 3 of the
National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized
to receive criminal history record information, consistent with
Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ``an approved national service position'' for ``a
national service program that receives grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2025, $535,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$53,705,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $13,824,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $299,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which
shall include amounts becoming available in fiscal year 2023 pursuant
to section 224(c)(1)(B) of Public Law 98-76; and in addition, an
amount, not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2024, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $128,000,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$48,609,338,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2025.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2024, $15,800,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $13,985,978,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,700,000 shall be for the
Social Security Advisory Board: Provided further, That $55,000,000
shall remain available through September 30, 2024, for activities to
address the disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2023 not needed
for fiscal year 2023 shall remain available until expended to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,784,000,000, to remain available through
March 31, 2024, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of a
concurrent resolution on the budget in the Senate, and $1,511,000,000
is additional new budget authority specified for purposes of a
concurrent resolution on the budget in the Senate and section 1(i) of
H. Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022: Provided further, That, of the
additional new budget authority described in the preceding proviso, up
to $15,100,000 may be transferred to the ``Office of Inspector
General'', Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided
further, That such transfer authority is in addition to any other
transfer authority provided by law: Provided further, That the
Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these funds,
similar to the reports that were required by section 103(d)(2) of
Public Law 104-121 for fiscal years 1996 through 2002: Provided
further, That none of the funds described in this paragraph shall be
available for transfer or reprogramming except as specified in this
paragraph.
In addition, $140,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2023 exceed $140,000,000, the amounts shall be available in
fiscal year 2024 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.204(b) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2023, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2023, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2023 that are different than those
specified in this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) or the
fiscal year 2023 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2023, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences shall
be tabulated separately from and not included in agency totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2023'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2027'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division A of Public Law 116-94, section 524 of division H of Public
Law 116-260, and section 523 of division H of Public Law 117-103.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2023 the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human Services, and
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 526. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 527. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section
2104(n)(2)(C) of that Act, $14,628,000,000 shall not be available for
obligation in this fiscal year.
Sec. 529. (a) This section applies to: (1) the Administration for
Children and Families in the Department of Health and Human Services;
and (2) the Chief Evaluation Office and the statistical-related
cooperative and interagency agreements and contracting activities of
the Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be
available for obligation through September 30, 2027: Provided, That
when an office referenced in subsection (a) receives research and
evaluation funding from multiple appropriations, such offices may use a
single Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may
be deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts
are available.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2023''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader of the
Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each Chairman; in
all, $195,000.
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $258,677,000, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,907,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $832,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $359,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $6,196,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,876,000.
committee on appropriations
For salaries of the Committee on Appropriations, $17,900,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,891,000 for each such committee; in all, $3,782,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $940,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,931,000 for each such committee; in all,
$3,862,000.
office of the chaplain
For Office of the Chaplain, $598,000.
office of the secretary
For Office of the Secretary, $29,282,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $108,929,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $2,126,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $77,088,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $8,150,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,350,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,500;
Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for
the Majority of the Senate, $7,500; Secretary for the Minority of the
Senate, $7,500; in all, $30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $145,615,000, of which
$14,561,500 shall remain available until September 30, 2025.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $552,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,515,000, of which $13,254,193 shall remain available until
September 30, 2027, and of which $4,260,807 shall remain available
until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $171,844,000, of which $160,144,000 shall remain
available until September 30, 2027: Provided, That of the amount
provided under this heading, $5,000,000 shall be for Senate hearing
room audiovisual equipment, to remain available until expended:
Provided further, That of the amount provided under this heading,
$2,500,000 shall be for a residential security system program, to
remain available until expended.
sergeant at arms fellowships fund
For expenses authorized by the Sergeant at Arms Fellowships Fund
established in section 102 of this Act, $6,277,000, to remain available
until expended.
miscellaneous items
For miscellaneous items, $27,814,000 which shall remain available
until September 30, 2025.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$512,000,000, of which $20,128,950 shall remain available until
September 30, 2025, and of which $7,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
mccain-mansfield and sfc sean cooley and spc christopher horton
congressional gold star family fellowships programs
Sec. 102. (a) Definitions.--In this section--
(1) the term ``appropriate committees of the Senate'' means the
Committee on Appropriations and the Committee on Rules and
Administration of the Senate;
(2) the term ``Fellowships Programs'' means the SFC Sean Cooley
and SPC Christopher Horton Congressional Gold Star Family
Fellowship Program (commonly referred to as the ``Green and Gold
Congressional Aide Program'') established under Senate Resolution
442 (117th Congress), agreed to November 4, 2021, and the McCain-
Mansfield Fellowship Program established under Senate Resolution
443 (117th Congress), agreed to November 4, 2021, or any successor
program to such programs;
(3) the term ``Fund'' means the Sergeant at Arms Fellowships
Fund established under subsection (b); and
(4) the term ``Sergeant at Arms'' means the Sergeant at Arms
and Doorkeeper of the Senate.
(b) Establishment.--There is established under the heading
``Contingent Expenses of the Senate'' an account to be known as the
``sergeant at arms fellowships fund''.
(c) Use of Amounts.--
(1) In general.--Amounts in the Fund shall be available to the
Sergeant at Arms for the costs of compensation of fellows under the
Fellowships Programs and the administration of the Fellowships
Programs, except as provided in paragraph (2).
(2) Agency contributions.--Agency contributions for the
Fellowships Programs shall be paid from the appropriations account
for ``Salaries, Officers and Employees'' of the Senate.
(d) Oversight.--The Sergeant at Arms shall provide to the
appropriate committees of the Senate--
(1) a plan regarding the administration of the Fund by the
Sergeant at Arms prior to obligation of any funds, to be updated
and resubmitted following any changes to the plan; and
(2) annual reports regarding the costs of the Fellowships
Programs paid from the Fund.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund for fiscal year 2023, and each fiscal year
thereafter, such sums as are necessary for the compensation of fellows
under the Fellowships Programs during the fiscal year and for the
administration of the Fellowships Programs.
(f) Exclusion for Purposes of Staffing Limits on the Office of the
Sergeant at Arms.--The payment of compensation to any individual
serving in a fellowship under the Fellowships Programs by the Sergeant
at Arms shall not be included for purposes of any limitation on
staffing levels of the Office of the Sergeant at Arms.
senate democratic leadership offices funding authorities
Sec. 103. (a) Section 104 of division I of the Consolidated
Appropriations Act, 2021 (2 U.S.C. 6154 note) is amended--
(1) by striking ``Office of the Assistant Leader'' each place
it appears and inserting ``office of the designated officer'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``means the 117th
Congress; and'' and inserting ``means the 118th Congress;'';
(B) in paragraph (3), by striking ``and ending on January
3, 2023.'' and inserting ``and ending on January 7, 2025;
and''; and
(C) by adding at the end the following:
``(4) the term `designated officer of the applicable
conference' means the member of the leadership of the applicable
conference to whom the duties and authorities of the Secretary of
the applicable conference are assigned under subsection (b).'';
(3) in subsection (b), in the matter preceding paragraph (1),
by striking ``January 3, 2021, assign to the Assistant Leader of
the applicable conference'' and inserting ``January 3, 2023, at the
direction of the Chair of the applicable conference, assign to a
member of the leadership of the applicable conference''; and
(4) in subsection (c)(3), by striking ``Assistant Leader'' and
inserting ``designated officer''.
(b) The amendments made by subsection (a) shall take effect on
January 3, 2023.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,847,571,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $36,560,000,
including: Office of the Speaker, $10,499,000, including $35,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$3,730,000, including $15,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $10,499,000, including
$17,500 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $3,099,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$2,809,000, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,962,000; Democratic Caucus, $2,962,000:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2023 until January 2, 2024.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation
of interns who serve in the offices of Members of the House of
Representatives, $20,638,800, to remain available through January 2,
2024: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more
than $46,800 of the allowance available under this heading during
legislative year 2023.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative
Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
interns who serve in House leadership offices, $586,000, to remain
available through January 2, 2024: Provided, That of the amount
provided under this heading, $322,300 shall be available for the
compensation of interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker of the
House of Representatives, and $263,700 shall be available for the
compensation of interns who serve in House leadership offices of the
minority, to be allocated among such offices by the Minority Floor
Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for
the compensation of interns who serve in offices of standing, special,
and select committees (other than the Committee on Appropriations),
$2,600,000, to remain available through January 2, 2024: Provided,
That of the amount provided under this heading, $1,300,000 shall be
available for the compensation of interns who serve in offices of the
majority, and $1,300,000 shall be available for the compensation of
interns who serve in offices of the minority, to be allocated among
such offices by the Chair, in consultation with the ranking minority
member, of the Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of the
Legislative Branch Appropriations Act, 2022 (Public Law 117-103) for
the compensation of interns who serve in offices of the Committee on
Appropriations, $463,000: Provided, That of the amount provided under
this heading, $231,500 shall be available for the compensation of
interns who serve in offices of the majority, and $231,500 shall be
available for the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee on
Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $180,587,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2024, except that $5,800,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$31,294,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,057,000, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $40,827,000, of which $9,000,000 shall remain available
until expended; for salaries and expenses of the Office of the Sergeant
at Arms, including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than $3,000 for
official representation and reception expenses, $38,793,000, of which
$22,232,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $211,572,000, of which $25,977,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $3,500,000, of which $1,000,000 shall remain available
until expended; for salaries and expenses of the Office of the
Whistleblower Ombuds, $1,250,000; for salaries and expenses of the
Office of the Inspector General, $5,138,000; for salaries and expenses
of the Office of General Counsel, $1,912,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,184,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,746,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $13,457,000, of which $2,000,000
shall remain available until expended; for salaries and expenses of the
Office of Interparliamentary Affairs, $934,000; for other authorized
employees, $744,000: Provided, That of the amount made available until
expended under this heading to the Office of the Sergeant at Arms,
$4,700,000 shall be for activities associated with securing the
permanent residences of Members of the House of Representatives in the
congressional districts the Members represent and securing the
temporary residences of Members in the District of Columbia, and may
not be transferred or merged under sections 101(b) or 101(c)(2) of the
Legislative Branch Appropriations Act, 1993 (2 U.S.C. 5507(b) and
(c)(2)): Provided further, That as used in the preceding proviso, the
term ``Members of the House of Representatives'' shall include a
Delegate or Resident Commissioner to the Congress.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $430,785,200, including: supplies, materials, administrative costs
and Federal tort claims, $1,555,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other applicable
employee benefits, $387,368,200, to remain available until March 31,
2024, except that $37,000,000 of such amount shall remain available
until expended; salaries and expenses for Business Continuity and
Disaster Recovery, $22,841,000, of which $6,776,000 shall remain
available until expended; transition activities for new members and
staff, $5,895,000, to remain available until expended; Green and Gold
Congressional Aide Program, $9,674,000, to remain available until
expended; Office of Congressional Ethics, $1,762,000; and miscellaneous
items including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities
to heirs of deceased employees of the House, $1,500,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives Account
established under section 115 of the Legislative Branch Appropriations
Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until
expended: Provided, That disbursement from this account is subject to
approval of the Committee on Appropriations of the House of
Representatives: Provided further, That funds provided in this account
shall only be used for initiatives recommended by the Select Committee
on Modernization or approved by the Committee on House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--members' representational allowances'' shall be
available only for fiscal year 2023. Any amount remaining after all
payments are made under such allowances for fiscal year 2023 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to carry
out this section.
(c) As used in this section, the term ``Member of the House of
Representatives'' means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
house intern resource office
Sec. 113. (a) Establishment; Coordinator.--
(1) Establishment; coordinator.--There is established in the
Office of the Chief Administrative Officer of the House of
Representatives the House Intern Resource Office (hereinafter
referred to as the ``Office'').
(2) Appointment.--The Office shall be headed by the House
Intern Resource Coordinator (hereinafter referred to as the
``Coordinator''), who shall be employed by the Chief Administrative
Officer in consultation with the chair and ranking minority member
of the Committee on House Administration.
(b) Duties.--In consultation with the Office of Diversity and
Inclusion and such other offices as the Coordinator considers
appropriate, the Office shall--
(1) provide support services, such as accommodations, training,
and professional development, to interns of offices of the House of
Representatives;
(2) serve as a center for resources and best practices for the
recruitment, hiring, training, and use of interns by offices of the
House of Representatives; and
(3) gather demographic and other data about interns of offices
of the House of Representatives.
(c) Addressing Inequities in Access to Internships.--In carrying
out its duties, the Office shall consider inequities in access to
internships in offices of the House of Representatives, and shall
consider the viability of establishing an intern stipend program for
interns from underrepresented backgrounds, including those who attend
Historically Black Colleges and Universities (HBCUs), Tribal Colleges
and Universities, Hispanic-Serving Institutions (HSIs), and other
Minority Serving Institutions described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2023 and each succeeding fiscal year such
sums as may be necessary to carry out this section.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
educational assistance and professional development for house
employees
Sec. 114. (a) Expansion of Student Loan Repayment Program to Cover
Educational Assistance and Professional Development.--Section 105(a) of
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536(a)) is
amended to read as follows:
``(a) Program to Cover Student Loan Repayment, Educational
Assistance, and Professional Development for House Employees.--
``(1) Establishment.--The Chief Administrative Officer shall
establish a program under which an employing office of the House of
Representatives may agree--
``(A) to repay (by direct payment on behalf of the
employee) any student loan previously taken out by an employee
of the office;
``(B) to make direct payments on behalf of an employee of
the office or to reimburse an employee of the office for
expenses paid by the employee for the employee's educational
and professional development; and
``(C) to make direct payments on behalf of an employee of
the office or to reimburse an employee of the office for
credentialing, professional accreditation, professional
licensure, and professional certification expenses paid by the
employee.
``(2) Exclusion of members.--For purposes of this section, a
Member of the House of Representatives (including a Delegate or
Resident Commissioner to the Congress) shall not be considered to
be an employee of the House of Representatives.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to payments made during fiscal year 2023 or any
succeeding fiscal year.
house services revolving fund
Sec. 115. (a) Inclusion of Funds Received From Operation of Dry
Cleaning and Laundry Service.--Section 105(a) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 5545(a)) is amended by adding at the
end the following new paragraphs:
``(8) The operation of the House Dry Cleaning and Laundry
Service.
``(9) Other activities related to the operation of services
offered by the House of Representatives, as approved by the
Committee on Appropriations of the House of Representatives.''.
(b) Use of Amounts Subject to Notification Provided to Committee on
Appropriations.--Section 105(b) of such Act (2 U.S.C. 5545(b)) is
amended by striking ``which is approved by'' and inserting ``upon
notification provided by the Chief Administrative Officer to''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
clarification of use of child care center revolving fund to staff
training classes and conferences
Sec. 116. (a) Use of Fund.--Section 312(d)(3)(B) of the Legislative
Branch Appropriations Act, 1992 (2 U.S.C. 2062(d)(3)(B)) is amended by
striking ``The reimbursement of individuals employed by the center for
the cost of training classes and conferences'' and inserting ``The cost
of training classes and conferences for individuals employed by the
center''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
availability of authority of executive agencies to use appropriated
amounts for child care to house of representatives
Sec. 117. (a) Availability of Authority.--Section 590(g) of title
40, United States Code, is amended by adding at the end the following
new paragraph:
``(6) Application to house of representatives.--This subsection
shall apply with respect to the House of Representatives in the
same manner as it applies to an Executive agency, except that--
``(A) the authority granted to the Office of Personnel
Management shall be exercised with respect to the House of
Representatives by the Speaker of the House of Representatives
in accordance with regulations promulgated by the Committee on
House Administration; and
``(B) amounts may be made available to implement this
subsection with respect to the House of Representatives without
advance notice to the Committee on Appropriations of the
Senate.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2023 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$12,948,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and their assistants,
including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $900 per month to 2 assistants and $900 per
month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of the Navy
for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $4,181,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,702,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $541,730,000 of which overtime
shall not exceed $64,912,000 unless the Committees on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee: Provided, That of the
total amount appropriated, $16,000,000 shall be available for retention
bonuses: Provided further, That of the total amount appropriated,
$3,450,000 is for agreed upon protection activities for Members of
Congress and shall be available until September 30, 2024, with
notification to the Committees on Appropriations prior to the
obligation of funds.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Centers, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $192,846,000, to be
disbursed by the Chief of the Capitol Police or a duly authorized
designee, of which $6,028,000 shall be for agreed upon protection
activities for Members of Congress and shall be available until
September 30, 2025: Provided, That amounts made available for the
Enhanced Member Protection Program may be obligated and expended only
upon approval of the Committees on Appropriations: Provided further,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Centers for fiscal year 2023 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
volunteer chaplain services
Sec. 120. (a) The Chief of the Capitol Police shall have authority
to accept unpaid religious chaplain services, whereby volunteers from
multiple faiths, authorized by their respective religious endorsing
agency or organization, may advise, administer, and perform spiritual
care and religious guidance for Capitol Police employees.
(b) Chaplains shall not be required to perform any rite, ritual, or
ceremony, and employees shall not be required to receive such rite,
ritual, or ceremony, if doing so would compromise the conscience, moral
principles, or religious beliefs of such chaplain or employees or the
chaplain's endorsing agency or organization.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2023 and each succeeding fiscal year.
Sec. 121. Notwithstanding any other provision of law (except
section 1341 of title 31, United States Code), hereafter, the United
States Capitol Police shall perform a threat assessment for former
Speakers of the House of Representatives, and if warranted, any such
former Speaker shall receive a United States Capitol Police protective
detail for a period of not more than one year beginning on the date
they leave such office, except that such former Speaker shall have the
option to decline such protective detail at any time: Provided, That
at the conclusion of the one year period, the United States Capitol
Police shall perform a threat assessment to determine whether extension
of the protective detail is warranted: Provided further, That, the
protective detail may be extended beyond the initial one year period,
with the concurrence of the relevant former Speaker, if the United
States Capitol Police determines that information or conditions,
including but not limited to violent threats, warrant such protection:
Provided further, That the United States Capitol Police is authorized
to enter into Memoranda of Understanding with relevant state and local
law enforcement agencies, as needed, to carry out this section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $8,000,000, of which $2,500,000
shall remain available until September 30, 2024, and of which not more
than $1,000 may be expended on the certification of the Executive
Director in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $63,237,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $145,843,000: Provided, That none of the funds
appropriated or made available under this heading in this Act or any
other Act, including previous Acts, may be used for a home-to-work
vehicle for the Architect or a duly authorized designee.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $80,589,000, of which $6,099,000 shall remain available
until September 30, 2027, and of which $42,785,000 shall remain
available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $16,365,000, of which $2,000,000 shall remain
available until September 30, 2027.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $184,596,000, of which $66,000,000 shall remain available
until September 30, 2027, and of which $36,100,000 shall remain
available until expended.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $126,279,000, of which $14,500,000 shall
remain available until September 30, 2027, and of which $40,600,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building: Provided, That of the
amount made available under this heading, $4,000,000 shall be derived
by transfer from the House Office Building Fund established under
section 176(d) of the Continuing Appropriations Act, 2017 (2 U.S.C.
2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $166,951,000, of which $68,600,000 shall remain
available until September 30, 2027: Provided, That not more than
$10,000,000 of the funds credited or to be reimbursed to this
appropriation as herein provided shall be available for obligation
during fiscal year 2023.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$144,220,000, of which $108,000,000 shall remain available until
September 30, 2027.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $402,907,000, of which
$346,255,000 shall remain available until September 30, 2027:
Provided, That of such amount, $80,000,000 shall be for design and
construction of enhanced screening vestibules at the north and south
Capitol Building entrances: Provided further, That of such amount,
$238,455,000 shall be for the Capitol Complex Security Program:
Provided further, That amounts made available for the Capitol Complex
Security Program may be obligated and expended only upon approval of
the Committees on Appropriations.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $23,560,000, of which $8,200,000 shall
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $27,692,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
reauthorization of fallen heroes flag act of 2016
Sec. 131. Section 5 of the Fallen Heroes Flag Act of 2016 (2
U.S.C. 1881c) is amended by striking ``through 2022'' and inserting
``through 2028''.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of
the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $582,529,000, and, in
addition, amounts credited to this appropriation during fiscal year
2023 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150), shall remain available until expended: Provided, That the
Library of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That of the total amount appropriated, not more than
$18,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided further,
That of the total amount appropriated, $12,245,000 shall remain
available until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,459,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of the
total amount appropriated, $250,000 shall remain available until
expended for the Surplus Books Program to promote the program and
facilitate a greater number of donations to eligible entities across
the United States: Provided further, That of the total amount
appropriated, $3,976,000 shall remain available until expended for the
Veterans History Project to continue digitization efforts of already
collected materials, reach a greater number of veterans to record their
stories, and promote public access to the Project: Provided further,
That of the total amount appropriated, $1,500,000 shall remain
available until expended for the COVID-19 American History Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $100,674,000,
of which not more than $39,702,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2023 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than $7,210,000
shall be derived from collections during fiscal year 2023 under
sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$46,912,000: Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization initiatives, of
which $10,000,000 shall remain available until September 30, 2024:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $133,600,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,657,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and print disabled residents at
no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2023, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $308,554,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
Legislative Branch.
use of appropriated funds to cover salaries of certain personnel of
little scholars child development center
Sec. 141. (a) Use of Funds.--Section 210 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 162b) is amended--
(1) in subsection (f)(1), by striking ``pay to the Library of
Congress'' and inserting ``except as provided in subsection (g),
pay to the Library of Congress'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Reimbursement for Certain Compensation.--Notwithstanding
paragraph (1) of subsection (f), in the case of expenses described in
such paragraph which are attributable to the compensation of the
Executive Director and Deputy Executive Director of the Center, the
Librarian of Congress may reimburse the Center for such expenses from
amounts appropriated or otherwise made available for salaries and
expenses of the Library of Congress.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to fiscal year 2023 and each succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $82,992,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying out the
purposes of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of
title 44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange
libraries as authorized by law, $35,257,000: Provided, That amounts of
not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets
and other related publications for the preceding two fiscal years to
depository and other designated libraries: Provided further, That
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $11,605,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $790,319,000, of which $5,000,000 shall remain
available until expended: Provided, That, in addition, $55,865,000 of
payments received under sections 782, 791, 3521, and 9105 of title 31,
United States Code, shall be available without fiscal year limitation:
Provided further, That amounts provided under this heading and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional Office
for International Leadership under section 313 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000: Provided,
That funds made available to support Russian participants shall only be
used for those engaging in free market development, humanitarian
activities, and civic engagement, and shall not be used for officials
of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2023 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation
for a high or moderate impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions
for high or moderate impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation or
other appropriate Federal entity, conducted an assessment of any
risk of cyber-espionage or sabotage associated with the acquisition
of such telecommunications equipment for inclusion in a high or
moderate impact system, including any risk associated with such
system being produced, manufactured, or assembled by one or more
entities identified by the United States Government as posing a
cyber threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high or moderate impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such
telecommunications equipment for inclusion in a high or moderate
impact system is in the vital national security interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate in a
manner that identifies the telecommunications equipment for
inclusion in a high or moderate impact system intended for
acquisition and a detailed description of the mitigation strategies
identified in paragraph (1), provided that such report may include
a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities or other official government
activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or reduce
plastic waste, including waste from plastic straws, explore the use of
biodegradable items, and increase recycling and composting
opportunities.
capitol complex health and safety
Sec. 211. In addition to the amounts appropriated under this Act
under the heading ``Office of the Attending Physician'', there is
hereby appropriated to the Office of the Attending Physician
$5,000,000, to remain available until expended, for response to COVID-
19, including testing, subject to the same terms and conditions as the
amounts appropriated under such heading.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2023''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,553,825,000, to remain
available until September 30, 2027: Provided, That, of this amount,
not to exceed $275,651,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $658,260,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $4,345,320,000, to remain available until September 30,
2027: Provided, That, of this amount, not to exceed $515,473,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$492,929,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Navy and Marine Corps'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $2,614,996,000, to remain available until September 30, 2027:
Provided, That, of this amount, not to exceed $251,634,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$509,540,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air Force'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,626,078,000, to remain available until September 30, 2027:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $506,927,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $109,680,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Defense-Wide'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $459,018,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $83,435,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $151,540,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army National Guard'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $279,353,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $56,982,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this heading,
$112,970,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air National Guard'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for such
purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $193,878,000, to
remain available until September 30, 2027: Provided, That, of the
amount, not to exceed $24,829,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the amount made
available under this heading, $74,000,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Army Reserve'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), in addition to amounts otherwise available for
such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $36,837,000, to remain available until September
30, 2027: Provided, That, of the amount, not to exceed $9,090,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Navy determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $85,423,000, to
remain available until September 30, 2027: Provided, That, of the
amount, not to exceed $27,573,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $35,800,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Air Force Reserve'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts otherwise
available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $169,339,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $337,297,000, to
remain available until September 30, 2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $232,788,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,442,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2027:
``Military Construction, Army'', $243,490,000;
``Military Construction, Navy and Marine Corps'', $423,300,000;
``Military Construction, Air Force'', $527,300,000;
``Military Construction, Defense-Wide'', $151,000,000;
``Military Construction, Army National Guard'', $54,743,000;
``Military Construction, Army Reserve'', $56,600,000;
``Military Construction, Navy Reserve'', $116,964,000;
``Military Construction, Air Force Reserve'', $9,000,000;
``Family Housing Construction, Army'', $321,722,000; and
``Family Housing Construction, Air Force'', $18,800,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective
military department's unfunded priority list for fiscal year 2023
submitted to Congress: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 60
days after enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan for
funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from prior
appropriations Acts may be obligated before October 1, 2024 for fiscal
year 2017 and fiscal year 2018 military construction projects for which
project authorization has not lapsed or for which authorization is
extended for fiscal year 2023 by a National Defense Authorization Act:
Provided, That no amounts may be obligated pursuant to this section
from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 127. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 128. For an additional amount for the accounts and in the
amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2027:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'', $10,000,000;
and
``Military Construction, Air Force'', $90,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military department
concerned may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 129. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2027:
``Military Construction, Army'', $25,000,000;
``Military Construction, Navy and Marine Corps'', $40,000,000;
and
``Military Construction, Air Force'', $25,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military department
concerned may not obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of the
expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military Construction,
Air Force'', $360,000,000, to remain available until September 30,
2027, for expenses incurred as a result of natural disasters:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified to address cost increases identified subsequent to
the fiscal year 2023 budget request for authorized major construction
projects included either in that request or funded in Title I of
Division J of Public Law 117-103, to remain available until September
30, 2027:
``Military Construction, Army'', $103,000,000;
``Military Construction, Navy and Marine Corps'', $331,000,000;
``Military Construction, Air Force'', $273,000,000;
``Military Construction, Defense-Wide'', $279,347,000;
``Military Construction, Army National Guard'', $66,000,000;
``Military Construction, Air National Guard'', $17,000,000;
``Military Construction, Army Reserve'', $24,000,000;
``Military Construction, Navy Reserve'', $5,500,000; and
``Military Construction, Air Force Reserve'', $11,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 132. For an additional amount for the accounts and in the
amounts specified for planning and design and authorized major
construction projects, for child development centers, to remain
available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'', $15,000,000;
and
``Military Construction, Air Force'', $37,400,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 133. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $25,000,000, to remain available until
September 30, 2027, for planning and design of water treatment and
distribution facilities construction, including relating to
improvements of infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided, That not later than 180 days after the
date of enactment of this Act, the Secretary of the Navy, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 134. For an additional amount for the accounts and in the
amounts specified to address cost increases for authorized major
construction projects funded by this Act, to remain available until
September 30, 2027:
``Military Construction, Army'', $48,600,000;
``Military Construction, Navy and Marine Corps'', $166,500,000;
``Military Construction, Air Force'', $63,350,000;
``Military Construction, Defense-Wide'', $14,200,000;
``Military Construction, Army National Guard'', $18,900,000;
``Military Construction, Air National Guard'', $4,900,000;
``Military Construction, Army Reserve'', $2,000,000; and
``Military Construction, Air Force Reserve'', $500,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 135. For an additional amount for ``Military Construction,
Air National Guard'', $10,000,000, to remain available until September
30, 2027, for planning and design for construction at future foreign
military training sites: Provided, That not later than 60 days after
enactment of this Act, the Secretary of the Air Force, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 136. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$146,778,136,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That not to exceed
$21,423,000 of the amount made available for fiscal year 2024 under
this heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$8,452,500,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $121,126,000, which shall become
available on October 1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2023, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$942,330.
In addition, for administrative expenses necessary to carry out the
direct loan program, $445,698, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,863,000,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$261,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2022; and, in addition, $74,004,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $2,000,000,000 shall remain
available until September 30, 2025: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans: Provided further, That nothing in section 2044(e)(1)
of title 38, United States Code, may be construed as limiting amounts
that may be made available under this heading for fiscal years 2023 and
2024 in this or prior Acts.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2022; and, in addition, $33,000,000,000, plus
reimbursements, shall become available on October 1, 2023, and shall
remain available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30, 2025.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$1,400,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2022; and, in addition, $12,300,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $350,000,000 shall remain
available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $1,500,000,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2022; and, in addition, $8,800,000,000,
plus reimbursements, shall become available on October 1, 2023, and
shall remain available until September 30, 2024: Provided, That, of
the amount made available on October 1, 2023, under this heading,
$500,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $916,000,000, plus reimbursements, shall
remain available until September 30, 2024: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $430,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $433,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$285,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$5,782,000,000, plus reimbursements: Provided, That $1,494,230,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2024: Provided further,
That $4,145,678,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2024: Provided further, That $142,092,000 shall be for information
technology systems development, and shall remain available until
September 30, 2024: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased
or decreased by more than $3,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made
available under this heading for information technology systems
development shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility, including any changes from the
deployment plan or schedule: Provided further, That the funds provided
in this account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided further, That
25 percent of the funds made available under this heading shall not be
available until July 1, 2023, and are contingent upon the Secretary of
Veterans Affairs--
(1) providing the Committees on Appropriations a report
detailing the status of outstanding issues impacting the stability
and usability of the new electronic health record system, including
those that contributed to the October 13, 2022, deployment delay,
along with a timeline and measurable metrics to resolve issues, no
later than 60 days after enactment of this Act;
(2) certifying and detailing any changes to the full deployment
schedule, no later than 60 days prior to July 1, 2023; and
(3) certifying in writing no later than 30 days prior to July
1, 2023, the following--
(A) the status of issues included in the report referenced
in paragraph (1), including issues that have not been closed
but have been suitably resolved or mitigated in a manner that
will enhance provider productivity and minimize the potential
for patient harm; and
(B) whether the system is stable, ready, and optimized for
further deployment at VA sites.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2024.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,447,890,000, of which
$731,722,000 shall remain available until September 30, 2027, and of
which $716,168,000 shall remain available until expended, of which
$1,500,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and planning, cost estimating,
and design for major medical facility projects and major medical
facility leases and investment strategy studies funded through the
advance planning fund and the planning and design activities funded
through the design fund, staffing expenses, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment of
salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: Provided further, That funds made available under
this heading for fiscal year 2023, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2023; and (2) by the awarding of a construction contract
by September 30, 2024: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$626,110,000, of which $563,499,000 shall remain available until
September 30, 2027, and of which $62,611,000 shall remain available
until expended, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $50,000,000, to remain
available until expended.
Cost of War Toxic Exposures Fund
For investment in the delivery of veterans' health care associated
with exposure to environmental hazards, the expenses incident to the
delivery of veterans' health care and benefits associated with exposure
to environmental hazards, and medical and other research relating to
exposure to environmental hazards, as authorized by section 324 of
title 38, United States Code, and in addition to amounts otherwise
available for such purposes in the appropriations provided in this or
prior Acts, $5,000,000,000, to remain available until September 30,
2027: Provided, That not later than 30 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this heading for fiscal year
2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2023 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2023 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services shall be
available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, Diversity and Inclusion, the Office of
Employment Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human Resources and
Administration for all services provided at rates which will recover
actual costs but not to exceed $86,481,000 for the Office of Resolution
Management, Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication, and $4,576,000 for
the Alternative Dispute Resolution function within the Office of Human
Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
``General Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian Tribes and Tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $330,140,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $314,825,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2023 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2023, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline immediate
assistance from a trained professional; and
(2) adheres to all requirements of the American Association of
Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such term
in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
5-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the hotline
specified in subsection (a) and who receive follow up services from
the hotline or mental health services from the Department of
Veterans Affairs thereafter;
(B) determine the number of veterans who contact the hotline
who are not referred to, or do not continue receiving, mental
health care who commit suicide; and
(C) determine the number of veterans described in subparagraph
(A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October 1,
2018, and ending on January 1, 2024, none of the funds made available
to the Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans Health
Administration Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
Sec. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given such
term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such term
is defined in section 101 of title 38, United States Code, who has
a service-connected disability that results in the inability of the
veteran to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a member
of the Armed Forces who incurs a serious injury or illness on
active duty pursuant to section 1074(c)(4)(A) of title 10, United
States Code, as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active Duty
Service Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such policy, including any limitations on the amount of
such benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
(4) The term ``adoption reimbursement'' means reimbursement for
the adoption-related expenses for an adoption that is finalized
after the date of the enactment of this Act under the same terms as
apply under the adoption reimbursement program of the Department of
Defense, as authorized in Department of Defense Instruction
1341.09, including the reimbursement limits and requirements set
forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian Tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 237. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by the
Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of division F of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.), or to prevent or impede the access of the
Inspector General to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this requirement.
Sec. 244. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2023 to convert any program which received specific
purpose funds in fiscal year 2022 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an approval
is issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 248 of division A of
Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise made
available by this Act may be used to conduct research commencing on or
after October 1, 2019, that uses any canine, feline, or non-human
primate unless the Secretary of Veterans Affairs approves such research
specifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of
research commencing on or after October 1, 2019, using canines,
felines, or non-human primates if the Secretary determines that--
(A) the scientific objectives of the research can only be met
by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department of
Veterans Affairs canine research policy document dated December 15,
2017, including any subsequent revisions to such document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement of such
research, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
describing--
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be met
using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety, and
efficacy of the research.
(d) Not later than 180 days after the date of the enactment of this
Act, and biannually thereafter, the Secretary shall submit to such
Committees a report describing--
(1) any research being conducted by the Department of Veterans
Affairs using canines, felines, or non-human primates as of the
date of the submittal of the report;
(2) the circumstances under which such research was conducted
using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety, and
efficacy of such research.
(e) The Department shall implement a plan under which the Secretary
will eliminate or reduce the research conducted using canines, felines,
or non-human primates by not later than 5 years after the date of
enactment of Public Law 116-94.
Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each such
program; and
(2) recommendations for such action as the Secretary considers
necessary to reduce the veteran-to-staff ratio for each such
program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2023 and 2024 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 250. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 251. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $840,446,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
Sec. 252. Of the unobligated balances available in fiscal year
2023 in the ``Recurring Expenses Transformational Fund'' established in
section 243 of division J of Public Law 114-113, and in addition to any
funds otherwise made available for such purposes in this, prior, or
subsequent fiscal years, the following amounts shall be available for
the following purposes during the period of availability of the Fund:
(1) $804,510,000, for constructing, altering, extending, and
improving medical facilities of the Veterans Health Administration,
including all supporting activities and required contingencies;
(2) $88,490,000, for facilities improvements at existing
medical facilities of the Veterans Health Administration; and
(3) $75,000,000, for the deployment, upgrade, or installation
of infrastructure or equipment to support goals established in
Executive Order 14057:
Provided, That prior to obligation of any of the funds provided in
this subsection, the Secretary of Veterans Affairs must provide a plan
for the execution of the funds appropriated in this subsection to the
Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed: Provided further, That funds may be reprogrammed among
the three purposes subject to the Secretary of Veterans Affairs
providing a request with the amount and purpose of the reprogramming to
the Committees on Appropriations of both Houses of Congress and such
Committees issuing an approval, or absent a response, a period of 30
days has elapsed.
Sec. 253. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of the ``Veterans Medical Care and Health Fund'',
established to execute section 8002 of the American Rescue Plan Act of
2021 (Public Law 117-2): Provided, That, at a minimum, the report
shall include an update on obligations by program, project or activity
and a plan for expending the remaining funds: Provided further, That
the Secretary of Veterans Affairs must submit notification of any plans
to reallocate funds from the current apportionment categories of
``Medical Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Medical Community Care'', or ``Medical and Prosthetic
Research'', including the amount and purpose of each reallocation to
the Committees on Appropriations of both Houses of Congress and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
Sec. 254. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of title
38, United States Code, between October 1, 2017 and September 30, 2018
for purposes of carrying out an order placed with the Department of
Veterans Affairs pursuant to section 1535 of title 31, United States
Code, that are available for obligation pursuant to section 7364(b)(1)
of title 38, United States Code, are to remain available for the
liquidation of valid obligations incurred by such corporation during
the period of performance of such order, provided that the Secretary of
Veterans Affairs determines that such amounts need to remain available
for such liquidation.
(rescissions of funds)
Sec. 255. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Asset and Infrastructure Review'', $5,000,000;
``Departmental Administration--Veterans Electronic Health
Record'', $150,000,000; and
``Departmental Administration--Construction, Major Projects'',
$76,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 256. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs hospitals, domiciliaries, or
clinics, conduct an environmental assessment, or to diminish healthcare
services at existing Veterans Health Administration medical facilities
as part of a planned realignment of services until the Secretary
provides to the Committees on Appropriations of both Houses of Congress
a report including an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural or
highly rural areas, including travel distances and transportation costs
to access a Department medical facility and availability of local
specialty and primary care.
(rescission of funds)
Sec. 257. Of the unobligated balances in the ``Recurring Expenses
Transformational Fund'' established in section 243 of division J of
Public Law 114-113, $90,874,000 is hereby rescinded.
Sec. 258. Unobligated balances available under the headings
``Construction, Major Projects'' and ``Construction, Minor Projects''
may be obligated by the Secretary of Veterans Affairs for a facility
pursuant to section 2(e)(1) of the Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016 (Public Law
114-294; 38 U.S.C. 8103 note), as amended, to provide additional funds
or to fund an escalation clause under such section of such Act:
Provided, That before such unobligated balances are obligated pursuant
to this section, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress the
authority to obligate such unobligated balances and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed: Provided further, That the request to obligate such
unobligated balances must provide Congress notice that the entity
described in section 2(a)(2) of Public Law 114-294, as amended, has
exhausted available cost containment approaches as set forth in the
agreement under section 2(c) of such Public Law.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $46,900,000: Provided, That
$3,385,000 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $93,400,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2025. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $62,500,000, to remain available until expended, of which
$2,500,000 shall be for study, planning and design, and architect and
engineering services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,360,000, to remain available until
September 30, 2024, of which $7,300,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to design,
planning, and construction for renovation of the Sheridan Building at
the Armed Forces Retirement Home--Washington, District of Columbia,
$77,000,000, to remain available until expended, shall be paid from the
general fund of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,463,159,000, of which
$844,418,000 may remain available until September 30, 2024, and of
which up to $3,813,707,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,420,898,000, of
which up to $684,767,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,841,831,000.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation, and disarmament activities as authorized,
$1,043,372,000.
(4) Security programs.--For necessary expenses for security
activities, $3,157,058,000, of which up to $3,128,940,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading for
Worldwide Security Protection, not to exceed $50,000,000 may be
transferred to, and merged with, funds made available by this
Act under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized: Provided, That the
exercise of the authority provided by this subparagraph shall
be subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading shall be made
available to support the activities of the Ambassador-at-Large
for the Arctic Region, as described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(E) Of the amount made available under this heading, up to
$75,000,000 may be transferred to, and merged with, funds made
available in title I of this Act under the heading ``Capital
Investment Fund'': Provided, That the exercise of the
authority provided by this subparagraph shall be subject to
prior consultation with the Committees on Appropriations.
(F) The eleventh proviso under the heading ``Diplomatic and
Consular Programs'' in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(title I of division J of Public Law 110-161) is amended by
inserting ``and for expenses of rewards programs'' after ``for
rewards payments''.
(G) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000
of the amounts made available under this heading may be
obligated and expended for United States participation in
international fairs and expositions abroad, including for
construction and operation of a United States pavilion at Expo
2025.
(H) Of the funds appropriated under this heading, not less
than $2,000,000 shall be made available for a grant to a
postsecondary educational institution for the purpose of
establishing a program to increase the participation of
undergraduate students in the Foreign Service, as authorized by
section 150 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 2719): Provided, That such
grant program shall hereafter be named the ``Nancy Pelosi
Fellowship Program''.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$98,500,000, of which $14,775,000 may remain available until September
30, 2024: Provided, That funds appropriated under this heading are
made available notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to
remain available until September 30, 2024: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $777,500,000, to remain available until
expended, of which not less than $287,500,000 shall be for the
Fulbright Program and not less than $115,000,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That funds
appropriated under this heading shall be made available for the Arctic
Exchange Program: Provided further, That any substantive modifications
from the prior fiscal year to programs funded by this Act under this
heading shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2024.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $902,615,000, to remain
available until September 30, 2027, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,753,048.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $34,083,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,438,000,000, of
which $96,240,000 may remain available until September 30, 2024:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United
States and the respective international organization and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,481,915,000, of
which $740,958,000 may remain available until September 30, 2024:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to hold accountable individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
any payment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $57,935,000,
of which $8,690,000 may remain available until September 30, 2024.
construction
For detailed plan preparation and construction of authorized
projects, $53,030,000, to remain available until expended, as
authorized: Provided, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for the
United States Section, up to $5,000,000 may be transferred to, and
merged with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States Section,
which shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such transfer authority is in addition to any other
transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for technical
assistance grants and the Community Assistance Program of the North
American Development Bank, $16,204,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up
to $1,250,000 may remain available until September 30, 2024, and up to
$9,000 may be made available for representation expenses: Provided
further, That of the amount provided under this heading for the
International Boundary Commission, up to $1,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $65,719,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $875,000,000,
of which $43,750,000 may remain available until September 30, 2024:
Provided, That in addition to amounts otherwise available for such
purposes, up to $60,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $40,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That notwithstanding the previous proviso, funds may be
reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a
designated amount by more than 5 percent: Provided further, That funds
appropriated under this heading shall be made available in accordance
with the principles and standards set forth in section 303(a) and (b)
of the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) and section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify the
Committees on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b) of such
Act or the entity's journalistic code of ethics: Provided further,
That in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet,
and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $5,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $22,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $55,000,000, to remain available until September 30, 2024,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2023, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2023, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2023, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $315,000,000, to remain available until
expended, of which $205,632,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$109,368,000 shall be for democracy programs: Provided, That the
requirements of section 7062(a) of this Act shall not apply to funds
made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $819,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2023: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2024, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,908,000, including not more than $6,000 for
representation expenses, to remain available until September 30, 2024.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2024.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2024:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2023 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,743,350,000, of which up to
$261,503,000 may remain available until September 30, 2024: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year: Provided further, That of the funds appropriated
under this heading, up to $20,000,000 may be transferred to, and merged
with, funds appropriated or otherwise made available in title II of
this Act under the heading ``Capital Investment Fund'', subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $259,100,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $80,500,000, of which up to
$12,075,000 may remain available until September 30, 2024, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $4,165,950,000, to remain available until September 30, 2024,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for training, equipment, and technical assistance to build
the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health:
Provided further, That funds appropriated under this paragraph may be
made available for United States contributions to The GAVI Alliance and
to a multilateral vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $6,395,000,000, to remain
available until September 30, 2027, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $2,000,000,000: Provided further,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2023 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $4,368,613,000, to remain
available until September 30, 2024: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $3,905,460,000,
to remain available until expended: Provided, That funds made
available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after the
date of enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $80,000,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new, or terminating a, program of assistance: Provided further, That
if the Secretary of State determines that it is important to the
national interest of the United States to provide transition assistance
in excess of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
for purposes of this heading and under the authorities applicable to
funds appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J of
Public Law 116-94), $60,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available notwithstanding any other provision of law, except sections
7007, 7008, and 7018 of this Act and section 620M of the Foreign
Assistance Act of 1961: Provided further, That funds appropriated
under this heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $4,301,301,000, to
remain available until September 30, 2024.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $222,450,000, to remain available
until September 30, 2024, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
made available by this Act for such purposes: Provided further, That
the Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph.
For an additional amount for such purposes, $133,250,000, to remain
available until September 30, 2024, which shall be made available for
the Bureau for Development, Democracy, and Innovation, United States
Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $500,334,000, to remain available until September
30, 2024, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $2,912,188,000, to remain
available until expended, of which $5,000,000 shall be made available
for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $430,500,000, of which $7,300,000 is
for the Office of Inspector General, to remain available until
September 30, 2024: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of this Act,
the Peace Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$930,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $130,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA (22
U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for
entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $47,000,000, to remain available
until September 30, 2024: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$45,000,000, to remain available until September 30, 2024, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $38,000,000, to remain available
until expended, of which not more than $9,500,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2026, for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees for, or credits extended to, such countries as the
President may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to multilateral
debt restructurings, including Paris Club debt restructurings and the
``Common Framework for Debt Treatments beyond the Debt Service
Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the costs of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the Foreign
Assistance Act of 1961, $20,000,000, to remain available until
September 30, 2026.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,004,000, to remain available until
September 30, 2024: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $921,000,000, to remain
available until September 30, 2024, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $460,759,000, of which
$330,000,000 may remain available until September 30, 2024: Provided,
That funds appropriated under this heading may be used, notwithstanding
section 660 of the Foreign Assistance Act of 1961, to provide
assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this heading,
not less than $25,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission in the
Sinai: Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of international
peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
``Contributions for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, to remain
available until September 30, 2024: Provided, That the civilian
personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a
government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, $3,000,000 shall remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,053,049,000: Provided, That to expedite the provision
of assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That a country that is a member of the North Atlantic Treaty
Organization (NATO) or is a major non-NATO ally designated by section
517(b) of the Foreign Assistance Act of 1961 may utilize funds made
available under this heading for procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$70,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds made available under this heading
for general costs of administering military assistance and sales, not
to exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided
further, That not more than $1,253,810,229 of funds realized pursuant
to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C.
2761(e)(1)(A)) may be obligated for expenses incurred by the Department
of Defense during fiscal year 2023 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $508,600,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after the date of enactment of this Act,
such funds shall be made available for core contributions for each
entity listed in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) unless otherwise provided for in this Act, or if
the Secretary of State has justified to the Committees on
Appropriations the proposed uses of funds other than for core
contributions following prior consultation with, and subject to the
regular notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $150,200,000, to remain available until
expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000, to
remain available until expended: Provided, That up to $125,000,000 of
such amount shall be available to cover costs, as defined in section
502 of the Congressional Budget Act of 1974, of direct loans issued to
the Clean Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal amount of
direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,430,256,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $43,610,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,648,752, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $43,000,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $10,000,000, to remain available until
expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the Poverty
Reduction and Growth Trust or the Resilience and Sustainability Trust
of the International Monetary Fund, $20,000,000, to remain available
until September 30, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $7,500,000, of which up to $1,125,000 may remain
available until September 30, 2024.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $125,000,000, of which up to $18,750,000 may remain available
until September 30, 2024: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2023: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $15,000,000, to remain available until
September 30, 2026: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such funds
shall remain available until September 30, 2038, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2023 through 2026.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $5,583,000, to remain available until September 30, 2024.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $1,000,000,000: Provided further, That of the amount
provided--
(1) $220,000,000 shall remain available until September 30,
2025, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section 1434(k)
of such Act; and
(2) $780,000,000 shall remain available until September 30,
2025, for the activities described in subsections (b), (c), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018, except such
amounts obligated in a fiscal year for activities described in
section 1421(c) of such Act shall remain available for disbursement
for the term of the underlying project: Provided further, That
amounts made available under this paragraph may be paid to the
``United States International Development Finance Corporation--
Program Account'' for programs authorized by subsections (b), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for support by the Corporation in upper-middle income
countries shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That in fiscal year 2023 collections
of amounts described in section 1434(h) of the BUILD Act of 2018 shall
be credited as offsetting collections to this appropriation: Provided
further, That such collections collected in fiscal year 2023 in excess
of $1,000,000,000 shall be credited to this account and shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That in fiscal year 2023, if
such collections are less than $1,000,000,000, receipts collected
pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
1990, in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided further, That
funds appropriated or otherwise made available under this heading may
not be used to provide any type of assistance that is otherwise
prohibited by any other provision of law or to provide assistance to
any foreign country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in
a final fiscal year appropriation from the General Fund estimated at
$588,000,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2025: Provided, That amounts paid to this account
from CCA or transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the costs of
modifying loans and loan guarantees transferred to the Corporation
pursuant to section 1463 of such Act: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years: Provided
further, That funds made available in this Act and transferred to carry
out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of
the BUILD Act of 2018 may remain available for obligation for 1
additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $87,000,000, to remain available
until September 30, 2024, of which no more than $21,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2023 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2023,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 117-401.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this Act
under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States diplomatic
facilities abroad, including physical security upgrades and local
guard staffing.
(2) Consultation.--Notwithstanding any other provision of law,
the opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations, except that such consultation and notification may
be waived if there is a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated or
otherwise made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes, or to support a democratic transition:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation with
the heads of relevant Federal agencies, may waive the restriction in
this section on a program-by-program basis if the Secretary certifies
and reports to the Committees on Appropriations that such waiver is in
the national security interest of the United States: Provided, That
funds made available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and Consular
Service'' in this Act may be transferred to, and merged with,
funds appropriated under such headings if the Secretary of
State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to security
situations and requirements, following consultation with, and
subject to the regular notification procedures of, such
Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this
Act and under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current fiscal
year for the United States Agency for Global Media under title I of
this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under titles
II through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided in,
this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph (1),
in addition to transfers made by, or authorized elsewhere in, this
Act, funds appropriated by this Act to carry out the purposes of
the Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign Assistance
Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division
F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the United
States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $1,000,000 and any
agreement made pursuant to section 632(a) of such Act, with funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall not
apply to agreements entered into between USAID and the Department
of State.
(c) United States International Development Finance Corporation.--
(1) Transfers.--Amounts transferred pursuant to section 1434(j)
of the BUILD Act of 2018 (division F of Public Law 115-254) may
only be transferred from funds made available under title III of
this Act: Provided, That any such transfers, and any amounts
transferred to the United States International Development Finance
Corporation (the Corporation) pursuant to section 632 of the
Foreign Assistance Act of 1961, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That the Secretary
of State, the Administrator of the United States Agency for
International Development, and the Chief Executive Officer of the
Corporation, as appropriate, shall ensure that the programs funded
by such transfers are coordinated with, and complement, foreign
assistance programs implemented by the Department of State and
USAID: Provided further, That no funds transferred pursuant to
section 1434(j) of the BUILD Act of 2018 may be used by the
Corporation to post personnel abroad.
(2) Transfer of funds from millennium challenge corporation.--
Funds appropriated under the heading ``Millennium Challenge
Corporation'' in this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be transferred to accounts under the heading ``United States
International Development Finance Corporation'' and, when so
transferred, may be used for the costs of activities described in
subsections (b) and (c) of section 1421 of the BUILD Act of 2018:
Provided, That such funds shall be subject to the limitations
provided in the second, third, and fifth provisos under the heading
``United States International Development Finance Corporation--
Program Account'' in this Act: Provided further, That any transfer
executed pursuant to the transfer authority provided in this
paragraph shall not exceed 10 percent of an individual Compact
awarded pursuant to section 609(a) of the Millennium Challenge Act
of 2003 (title VI of Public Law 108-199): Provided further, That
such funds shall not be available for administrative expenses of
the United States International Development Finance Corporation:
Provided further, That such authority shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That the transfer
authority provided in this section is in addition to any other
transfer authority provided by law: Provided further, That within
60 days of the termination in whole or in part of the Compact from
which funds were transferred under this authority to the United
States International Development Finance Corporation, any
unobligated balances shall be transferred back to the Millennium
Challenge Corporation, subject to the regular notification
procedures of the Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which
are not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment
of email accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public Law
113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance fees
at sporting events, theatrical and musical productions, and
amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the
Committees on Appropriations not later than October 31, 2023, detailing
by account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2023 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2024 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2024, such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not apply
to any foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of such
taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government of
the United States and the government of the country receiving
assistance that describes the privileges and immunities applicable
to United States foreign assistance for such country generally, or
an individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation'' shall
include value added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI,
and under the headings ``Peace Corps'' and ``Millennium Challenge
Corporation'', of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2023, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peace Corps'',
``Millennium Challenge Corporation'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``International
Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United
States International Development Finance Corporation'', and ``Trade and
Development Agency'' shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available to
support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification procedures
of the Committees on Appropriations, submits a justification to
such Committees that includes a description of, and the estimated
costs associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of State
and the United States Agency for International Development for
assistance for foreign countries and international organizations
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance with
section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees if such
defense articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such
defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 117-401.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I of
this Act under the heading ``Diplomatic Programs'' that are made
available for lateral entry into the Foreign Service shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall be
subject to the regular notification procedures of the Committees on
Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the Multi-
Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering
Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership for
Global Infrastructure and Investment.
(3) Democracy program policy and procedures.--Modifications to
democracy program policy and procedures, including relating to the
use of consortia, by the Department of State and USAID shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be submitted
pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C.
2776), and such documents submitted pursuant to section 36(b)
through (d) of such Act with respect to countries that have
received assistance provided with funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, shall be concurrently
submitted to the Committees on Appropriations and shall include
information about the source of funds for any sale or transfer, as
applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief Executive
Officer of the Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to informing a
government of, or publicly announcing a decision on, the suspension or
early termination of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs:
Provided, That such consultation shall include a detailed justification
for such suspension, including a description of the assistance being
suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal
agency receiving funds made available by this Act shall be posted
on the public Web site of such agency not later than 45 days
following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after the
report has been made available to the Committees on Appropriations.
(c) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives, and
oversight necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct of
official business, including record emails, instant messaging, and
other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title I,
and ``Operating Expenses'' and ``Capital Investment Fund'' in title
II, as appropriate, to improve Federal records management pursuant
to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33)
and other applicable Federal records management statutes,
regulations, or policies for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to the
Federal Government;
(4) substantially reduce, compared to the previous fiscal year,
the response time for identifying and retrieving Federal records,
including requests made pursuant to section 552 of title 5, United
States Code (commonly known as the ``Freedom of Information Act'');
and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of personal
email accounts or servers outside the .gov domain, improve the
process to identify and remove inactive user accounts, update and
enforce guidance related to the control of national security
information, and implement the recommendations of the applicable
reports of the cognizant Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and
shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 10 percent from the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only if the
Secretary of State or USAID Administrator, as applicable, determines
and reports in writing to the Committees on Appropriations on a case-
by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national security
interest of the United States, including a description of such events
or circumstances: Provided further, That deviations pursuant to the
preceding proviso shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(B) funds for which the initial period of availability has
expired; and
(C) amounts designated by this Act as minimum funding
requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act) shall not apply to the table included
under the heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support Fund''
included in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), the
matter preceding the first proviso in subsection (b) of this
section shall be applied by substituting ``5 percent'' for ``10
percent'', and the provisos in such subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in House Report 117-401 and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), unless otherwise directed in such
explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act, unless such headings are
specifically designated as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was: (1) previously
justified, including the projected future year costs, in a
congressional budget justification; (2) included in an Act making
appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress; (3)
notified in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future year
costs; or (4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days in
advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be made
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for purposes
of section 1754(c) of the Export Reform Control Act of 2018 (50
U.S.C. 4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12 months
after that government ceases to provide such military equipment:
Provided further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of
the assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers the
United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under
any such title in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act,
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act of
1961 or as modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution, using funds
appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance, including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by such assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2023, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
disability programs
Sec. 7028. (a) Assistance.--Funds appropriated by this Act under
the heading ``Development Assistance'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of individuals
with disabilities, including for the cost of translation: Provided,
That funds shall be made available to support disability rights
advocacy organizations in developing countries.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to adopt and implement a publicly available
policy, including the strategic use of peer reviews and external
experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to use the voice and vote of the United States to
oppose any loan, grant, policy, or strategy if such institution has
adopted and is implementing any social or environmental safeguard
relevant to such loan, grant, policy, or strategy that provides
less protection than World Bank safeguards in effect on September
30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to
use the voice and vote of the United States to oppose loans or
other financing for projects unless such projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected Indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements specified under this
section in House Report 117-401.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven retaliation,
including provision for the restoration of prior employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to support independent investigative and adjudicative
mechanisms and procedures that meet or exceed best practices in the
United States to provide due process and fair compensation, including
the right to reinstatement, for employees who are subjected to
harassment, discrimination, retaliation, false allegations, or other
misconduct.
(i) Capital Increases.--None of the funds appropriated by this Act
may be made available to support a new capital increase for an
international financial institution unless the President submits a
budget request for such increase to Congress and determines and reports
to the Committees on Appropriations that--
(1) the institution has completed a thorough analysis of the
development challenges facing the relevant geographical region, the
role of the institution in addressing such challenges and its role
relative to other financing partners, and the steps to be taken to
enhance the efficiency and effectiveness of the institution; and
(2) the governors of such institution have approved the capital
increase.
technology security
Sec. 7030. (a) Insecure Communications Networks.--Funds
appropriated by this Act shall be made available for programs,
including through the Digital Connectivity and Cybersecurity
Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying open,
interoperable, reliable, and secure networks to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate:
Provided, That such funds, including funds appropriated under the
heading ``Economic Support Fund'', may be used to strengthen civilian
cybersecurity and information and communications technology capacity,
including participation of foreign law enforcement and military
personnel in non-military activities, notwithstanding any other
provision of law and following consultation with the Committees on
Appropriations.
(b) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Within 45 days of enactment of this Act, the Secretary of
State shall allocate amounts made available from the Creating
Helpful Incentives to Produce Semiconductors (CHIPS) for America
International Technology Security and Innovation Fund for fiscal
year 2023 pursuant to the transfer authority in section 102(c)(1)
of the CHIPS Act of 2022 (division A of Public Law 117-167), to the
accounts specified and in the amounts specified, in the table
titled ``CHIPS for America International Technology Security and
Innovation Fund'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act):
Provided, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(2) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(c)(2) of the CHIPS Act of 2022 if there is in effect an Act
making or continuing appropriations for part of a fiscal year for
the Department of State, Foreign Operations, and Related Programs:
Provided, That in any fiscal year, the matter preceding this
proviso shall not apply to the allocation, apportionment, or
allotment of amounts for continuing administration of programs
allocated using funds transferred from the CHIPS for America
International Technology Security and Innovation Fund, which may be
allocated pursuant to the transfer authority in section 102(c)(1)
of the CHIPS Act of 2022 only in amounts that are no more than the
allocation for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of State shall submit
to the Committees on Appropriations proposed allocations by account
and by program, project, or activity, with detailed justifications,
for amounts made available under section 102(c)(2) of the CHIPS Act
of 2022 for fiscal year 2024.
(4) The Secretary of State shall provide the Committees on
Appropriations quarterly reports on the status of balances of
projects and activities funded by the CHIPS for America
International Technology Security and Innovation Fund for amounts
allocated pursuant to paragraph (1) of this subsection, including
all uncommitted, committed, and unobligated funds.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if--
(A) the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met; and
(B) the government of the recipient country is taking steps
to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available for
direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000 and
all funds available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development or the Secretary of
State, as appropriate, shall suspend any direct government-to-
government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless
the Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification, or
that such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2024 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Debt service payment prohibition.--None of the funds made
available by this Act may be used by the government of any foreign
country for debt service payments owed by any country to any
international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary
of State shall continue to update and strengthen the ``minimum
requirements of fiscal transparency'' for each government receiving
assistance appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division
K of Public Law 113-76).
(2) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after the date of enactment of this Act, shall make or
update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be posted
on the Department of State website: Provided, That such report
shall include the elements included under this section in House
Report 117-401.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to improve
budget transparency and to support civil society organizations in
such countries that promote budget transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of human
rights, including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United States
citizen or national, shall be ineligible for entry into the
United States.
(B) Concurrent with the application of subparagraph (A),
the Secretary shall, as appropriate, refer the matter to the
Office of Foreign Assets Control, Department of the Treasury,
to determine whether to apply sanctions authorities in
accordance with United States law to block the transfer of
property and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for entry
into the United States pursuant to paragraph (1) if such entry
would further important United States law enforcement objectives or
is necessary to permit the United States to fulfill its obligations
under the United Nations Headquarters Agreement: Provided, That
nothing in paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after the date of enactment
of this Act, and every 90 days thereafter until September 30, 2024,
the Secretary of State shall submit a report, including a
classified annex if necessary, to the appropriate congressional
committees and the Committees on the Judiciary describing the
information related to corruption or violation of human rights
concerning each of the individuals found ineligible in the previous
12 months pursuant to paragraph (1)(A) as well as the individuals
who the Secretary designated or identified pursuant to paragraph
(1)(B), or who would be ineligible but for the application of
paragraph (2), a list of any waivers provided under paragraph (3),
and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of
State website.
(6) Clarification.--For purposes of paragraphs (1), (4), and
(5), the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring
of the Extractive Industries Transparency Initiative, implementing
and enforcing section 8204 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments
made by such section, and to prevent the sale of conflict diamonds,
and for technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial institution
to use the voice and vote of the United States to oppose any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such country
has in place laws, regulations, or procedures to prevent or
limit the public disclosure of company payments as required by
United States law, and unless such government has adopted laws,
regulations, or procedures in the sector in which assistance is
being considered that: (1) accurately account for and publicly
disclose payments to the government by companies involved in
the extraction and export of natural resources; (2) include
independent auditing of accounts receiving such payments and
the public disclosure of such audits; and (3) require public
disclosure of agreement and bidding documents, as appropriate.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'', $2,900,000,000 should be made available for
democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $117,040,000 shall be made available
to the Bureau of Democracy, Human Rights, and Labor, Department of
State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the heading
``National Endowment for Democracy'' may be made available
notwithstanding any other provision of law, and with regard to the
National Endowment for Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not be
subject to prior approval by the government of any foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, determines that
the government of the country is undemocratic or has engaged in or
condoned harassment, threats, or attacks against organizations
implementing democracy programs, any new bilateral agreement
governing the terms and conditions under which assistance is
provided to such country shall not require the disclosure of the
names of implementing partners of democracy programs, and the
Secretary of State and the USAID Administrator shall expeditiously
seek to negotiate amendments to existing bilateral agreements, as
necessary, to conform to this requirement.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and cooperative
agreements in implementing such programs.
(g) Digital Security and Countering Disinformation.--Funds
appropriated by this Act shall be made available to advance digital
security and counter disinformation as described under this section in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(h) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Development, Democracy, and
Innovation, USAID, shall regularly inform the NED of democracy programs
that are planned and supported with funds made available by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $30,000,000 shall be made
available to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked, including
journalists affiliated with the United States Agency for Global Media.
(j) International Freedom of Expression and Independent Media.--Of
the funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $20,000,000 shall be made available for programs
to protect international freedom of expression and independent media,
as described under this section in House Report 117-401.
(k) David E. Price Legislative Strengthening Program.--Funds
appropriated by this Act under the heading ``Democracy Fund'' shall be
made available for legislative strengthening programs: Provided, That
such funds shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such programs shall hereafter be collectively named the
``David E. Price Legislative Strengthening Program''.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted ethnic and religious
minorities: Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant to
this section shall be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31) shall
continue in effect during fiscal year 2023.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese,
and to combat trafficking in persons and assist victims of such
trafficking may be made available notwithstanding any other provision
of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be made
available for forensic anthropology assistance related to the
exhumation and identification of victims of war crimes, crimes
against humanity, and genocide, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State: Provided, That such funds shall be in
addition to funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not less
than $10,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central America
and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for International
Development, from this or any other Act, may be made available as a
general contribution to the World Food Programme, notwithstanding any
other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent States
of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501 et
seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated by
this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with philanthropic
foundations, up to $50,000,000 may remain available until September
30, 2025: Provided, That funds made available pursuant to this
paragraph may only be made available following prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(4) Additional authority.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to $500,000
may be made available for grants pursuant to section 504 of the
Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C.
2656d), including to facilitate collaboration with Indigenous
communities.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6): Provided, That each individual award may not exceed
$100,000.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and made
available for the Development Innovation Ventures program may be
made available for the purposes of chapter I of part I of the
Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made available
by this Act may be used to modify the Exchange Visitor Program
administered by the Department of State to implement the Mutual
Educational and Cultural Exchange Act of 1961 (Public Law 87-256;
22 U.S.C. 2451 et seq.), except through the formal rulemaking
process pursuant to the Administrative Procedure Act (5 U.S.C. 551
et seq.) and notwithstanding the exceptions to such rulemaking
process in such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with, and
subject to the regular notification procedures of, the Committees
on Appropriations, regarding how any proposed modification would
affect the public diplomacy goals of, and the estimated economic
impact on, the United States: Provided further, That such
consultation shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action
modifying the Exchange Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Diplomatic
Programs'' and ``Operating Expenses'', except for funds designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, are available to provide payments
pursuant to section 901(i)(2) of title IX of division J of the
Further Consolidated Appropriations Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, That funds made available pursuant to this
paragraph shall be subject to prior consultation with the
Committees on Appropriations.
(9) Afghan allies.--Section 602(b)(3)(F) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the heading, by striking ``2022'' and inserting
``2023'';
(B) in the matter preceding clause (i), in the first
sentence, by striking ``34,500'' and inserting ``38,500''; and
(C) in clauses (i) and (ii), by striking ``December 31,
2023'' and inserting ``December 31, 2024''.
(10) Transatlantic engagement.--Funds appropriated by this Act
under the heading ``Diplomatic Programs'' are available for support
of an institute for transatlantic engagement if legislation
establishing such an institute is enacted into law by September 30,
2023: Provided, That in the event that such legislation is not
enacted into law by such date, the amounts described in this
paragraph shall be available under the heading ``Diplomatic
Programs'' for the purposes therein.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
Secretary of State and USAID Administrator, as appropriate, shall
consult with the Committees on Appropriations: Provided, That the
Secretary and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated or
significantly modified after the date of enactment of this Act, unless
the Secretary of State or USAID Administrator, as applicable, informs
the Committees on Appropriations on a case-by-case basis that a direct
vetting option is not feasible for such program.
(f) Contingencies.--During fiscal year 2023, the President may use
up to $145,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2023, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The terms and conditions of section
7034(k) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2020 (division G of Public Law 116-94)
shall continue in effect during fiscal year 2023.
(j) Personnel.--Funds appropriated under the heading ``Migration
and Refugee Assistance'' may be used to carry out section 5(a)(6) of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2605(a)(6))
for employing up to 50 individuals domestically without regard to the
geographic limitation in such section, following consultation with the
Committees on Appropriations.
(k) Impact on Jobs.--Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260) shall continue in effect during
fiscal year 2023.
(l) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2023.
(2) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2022'' and
inserting ``2022, and 2023''; and
(ii) in subsection (e), by striking ``2022'' each place
it appears and inserting ``2023''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2022'' and inserting ``2023''.
(3) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after enactment of this Act or who is employed
on the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications.
(4) Transfer of balances.--Section 7081(h) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) shall continue in effect
during fiscal year 2023.
(5) Protective services.--Section 7071 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103) shall continue in effect
during fiscal year 2023.
(6) Extension of loan guarantees to israel.--Chapter 5 of title
I of the Emergency Wartime Supplemental Appropriations Act, 2003
(Public Law 108-11; 117 Stat. 576) is amended under the heading
``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2023'' and inserting ``September 30, 2028'';
and
(B) in the second proviso, by striking ``September 30,
2023'' and inserting ``September 30, 2028''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act that
are made available for monitoring and evaluation of assistance
under the headings ``Development Assistance'', ``International
Disaster Assistance'', and ``Migration and Refugee Assistance''
shall be made available for the regular and systematic collection
of feedback obtained directly from beneficiaries to enhance the
quality and relevance of such assistance: Provided, That not later
than 90 days after the date of enactment of this Act, the Secretary
of State and USAID Administrator shall submit to the Committees on
Appropriations, and post on their respective websites, updated
procedures for implementing partners that receive funds under such
headings for regularly and systematically collecting and responding
to such feedback, including guidelines for the reporting on actions
taken in response to the feedback received: Provided further, That
the Secretary of State and USAID Administrator shall regularly--
(A) conduct oversight to ensure that such feedback is
regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance;
and
(B) consult with the Committees on Appropriations on the
results of such oversight.
(2) Ex-post evaluations.--Of the funds appropriated by this Act
under titles III and IV, not less than $10,000,000 shall be made
available for ex-post evaluations of the effectiveness and
sustainability of United States Government-funded assistance
programs.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with
respect to funds deposited for such non-HIV/AIDS pharmaceuticals and
other products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State shall include in the congressional budget
justification an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Egypt,
Jordan, Small Island Developing States, Tunisia, and Ukraine, which
are authorized to be provided: Provided, That amounts made
available under this paragraph for the costs of such guarantees
shall not be considered assistance for the purposes of provisions
of law limiting assistance to a country.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject to
prior consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations.
(3) Administration.--Not less than 30 days prior to exercising
the authority of this subsection, but not later than 90 days after
the date of enactment of this Act, the President shall designate,
and concurrently report such designation to the appropriate
congressional committees, the Federal agency or agencies
responsible for managing the legacy loan guarantee portfolio,
maintaining the current and future financial exposure of loan
guarantees, and executing future loan guarantees.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'',
not less than $100,000,000 shall be made available for Local Works
pursuant to section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division
J of Public Law 113-235), which may remain available until
September 30, 2027.
(2) Eligible entities.--For the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 from USAID over
the previous 5 fiscal years: Provided, That departments or centers
of such educational institutions may be considered individually in
determining such eligibility.
(q) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2023.
(r) Section 889.--For the purposes of obligations and expenditures
made with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, the waiver authority in section 889(d)(2) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) may also be available to the Secretary of State,
following consultation with the Director of National Intelligence:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report detailing the use of the authority of
this subsection since the date of enactment of this Act, which shall
include the scope and duration of any waiver granted, the entity
covered by such waiver, and a detailed description of the national
security interest served: Provided further, That such report shall be
updated every 60 days until September 30, 2024.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund,
the International Fund for Agricultural Development, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means a
plan for the uses of funds appropriated for a particular entity,
country, program, purpose, or account and which shall include, at a
minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a particular
operating unit or office in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be deemed to include any successor operating
unit performing the same or similar functions.
(6) USAID.--In this Act, the term ``USAID'' means the United
States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions of
chapter 1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section 660 of
that Act, to enhance the effectiveness and accountability of
civilian police authority through training and technical assistance
in human rights, the rule of law, anti-corruption, strategic
planning, and through assistance to foster civilian police roles
that support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment in
an amount above the prior fiscal year.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
subparagraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open
and competitive process.
(3) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the requirements
of international humanitarian law as a component of any package of
lethal assistance funded by this Act with funds appropriated under
the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
paragraph shall not apply to a country that is a member of the
North Atlantic Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of 1961,
or is complying with international humanitarian law: Provided
further, That any such training shall be made available through an
open and competitive process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign Assistance
Act of 1961: Provided, That the Secretary of State and the USAID
Administrator shall consult with the Committees on Appropriations
on the proposed uses of such funds prior to obligation and not
later than 60 days after the date of enactment of this Act:
Provided further, That such funds shall be in addition to funds
otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support for
regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-
235) shall continue in effect during fiscal year 2023.
(3) Commercial leasing of defense articles.--Notwithstanding
any other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of
section 23(a) of the Arms Export Control Act (22 U.S.C. 2763) may
be used to provide financing to Israel, Egypt, the North Atlantic
Treaty Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are compelling
foreign policy or national security reasons for those defense
articles being provided by commercial lease rather than by
government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the purposes of
the Special Defense Acquisition Fund (the Fund), to remain
available for obligation until September 30, 2025: Provided, That
the provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
(5) Oversight and accountability.--(A) Prior to the signing of
a new Letter of Offer and Acceptance (LOA) involving funds
appropriated under the heading ``Foreign Military Financing
Program'', the Secretary of State shall consult with each recipient
government to ensure that the LOA between the United States and
such recipient government complies with the purposes of section 4
of the Arms Export Control Act (22 U.S.C. 2754) and that the
defense articles, services, and training procured with funds
appropriated under such heading are consistent with United States
national security policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in which the
Secretary of State has credible information that such assistance
was used in a manner contrary to such agreement.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should not
be used to support any military training or operations that include
child soldiers.
(2) Landmines and cluster munitions.--
(A) Authority.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit a report to the
appropriate congressional committees on implementation of the
United States policy regarding anti-personnel landmines (APLs)
announced on June 21, 2022, to include progress on the
destruction of APLs, and the number and types of APLs required
by such policy for the defense of the Republic of Korea and the
methodology used to determine such number: Provided, That the
report shall include the types (by Department of Defense
Ammunition Code) and quantities of landmines demilitarized and
removed from the demilitarization account of the United States
Armed Forces, and demilitarization accomplished by contract or
outside the continental United States.
(C) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the
assistance, transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians are
known to be present or in areas normally inhabited by
civilians; or
(ii) such assistance, license, sale, or transfer is for
the purpose of demilitarizing or permanently disposing of
such cluster munitions.
(3) Crowd control.--If the Secretary of State has information
that a unit of a foreign security force uses excessive force to
repress peaceful expression or assembly concerning corruption, harm
to the environment or human health, or the fairness of electoral
processes, or in countries that are undemocratic or undergoing
democratic transition, the Secretary shall promptly determine if
such information is credible: Provided, That if the information is
determined to be credible, funds appropriated by this Act should
not be used for tear gas, small arms, light weapons, ammunition, or
other items for crowd control purposes for such unit, unless the
Secretary of State determines that the foreign government is taking
effective measures to bring the responsible members of such unit to
justice.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days after
the date of enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2022, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and Training'',
and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the purposes
of implementing section 656 of the Foreign Assistance Act of 1961,
the term ``military training provided to foreign military personnel
by the Department of Defense and the Department of State'' shall be
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of Defense or
the Department of State, except for training provided by the
government of a country designated by section 517(b) of such Act
(22 U.S.C. 2321k(b)) as a major non-North Atlantic Treaty
Organization ally: Provided, That such third-country training
shall be clearly identified in the report submitted pursuant to
section 656 of such Act.
assistance for innocent victims of conflict
Sec. 7036. Of the funds appropriated under title III of this Act,
not less than $10,000,000 shall be made available for the Marla Ruzicka
Fund for Innocent Victims of Conflict: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations not
later than 60 days after the date of enactment of this Act on the
proposed uses of such funds.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2023, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds made
available by this or prior appropriations Acts, including funds
made available by transfer, may be made available for obligation
for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on--
(A) the benchmarks that have been established for security
assistance for the West Bank and Gaza and on the extent of
Palestinian compliance with such benchmarks; and
(B) the steps being taken by the Palestinian Authority to
end torture and other cruel, inhuman, and degrading treatment
of detainees, including by bringing to justice members of
Palestinian security forces who commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,300,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, investigations,
and other activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2023 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this Act
that are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance
for Egypt, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made available for
assistance for the Government of Egypt if the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$125,000,000 shall be made available for assistance for Egypt, of
which not less than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000 for
scholarships for Egyptian students with high financial need to
attend not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or meets
standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by such Department: Provided, That such funds shall be
made available for democracy programs, and for development programs
in the Sinai.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'',
$1,300,000,000, to remain available until September 30, 2024,
should be made available for assistance for Egypt: Provided,
That such funds may be transferred to an interest bearing
account in the Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations, and the
uses of any interest earned on such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That $225,000,000 of such
funds shall be withheld from obligation until the Secretary of
State certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking sustained and effective
steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt, including to
protect religious minorities and the rights of women, which
are in addition to steps taken during the previous calendar
year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly, including
the ability of civil society organizations, human rights
defenders, and the media to function without interference;
(iii) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances;
(v) provide regular access for United States officials
to monitor such assistance in areas where the assistance is
used; and
(vi) comply with the requirement under this section in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
such funds are necessary for counterterrorism, border security,
or nonproliferation programs or that it is otherwise important
to the national security interest of the United States to do
so, and submits a report to such Committees containing a
detailed justification for the use of such waiver and the
reasons why any of the requirements of subparagraph (A) cannot
be met: Provided, That the report required by this paragraph
shall be submitted in unclassified form, but may be accompanied
by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $95,000,000 of the funds made available
pursuant to this paragraph shall be withheld from obligation
until the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Egypt is
making clear and consistent progress in releasing political
prisoners, providing detainees with due process of law, and
preventing the intimidation and harassment of American
citizens.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be made available for the programs and activities described
under this section in House Report 117-401.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of
secondary sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect the
right of due process, end the use of torture, and combat
corruption;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq;
(E) programs to protect and assist religious and ethnic
minority populations; and
(F) programs to increase United States private sector
investment.
(2) Basing rights.--None of the funds appropriated or otherwise
made available by this Act may be used by the Government of the
United States to enter into a permanent basing rights agreement
between the United States and Iraq.
(d) Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel which
shall be disbursed within 30 days of enactment of this Act: Provided,
That to the extent that the Government of Israel requests that funds be
used for such purposes, grants made available for Israel under this
heading shall, as agreed by the United States and Israel, be available
for advanced weapons systems, of which not less than $775,300,000 shall
be available for the procurement in Israel of defense articles and
defense services, including research and development.
(e) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which not less than $845,100,000 shall be
made available for budget support for the Government of Jordan and not
less than $425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may be made available for programs
and equipment for the Lebanese Internal Security Forces (ISF)
and the Lebanese Armed Forces (LAF) to address security and
stability requirements in areas affected by conflict in Syria,
following consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may only be made available for
programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including
Hizballah;
(ii) strengthen border security and combat terrorism,
including training and equipping the LAF to secure the
borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council
Resolution 1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary of
State shall submit to the Committees on Appropriations a spend
plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted pursuant to
such section shall include any funds specifically intended for
lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act may
be made available for the ISF or the LAF if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of this Act
shall be made available for stabilization assistance for Libya,
including support for a United Nations-facilitated political process
and border security: Provided, That the limitation on the uses of
funds for certain infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76) shall apply
to such funds.
(h) Morocco.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Morocco.
(i) Saudi Arabia.--
(1) Prohibition.--None of the funds appropriated by this Act
under the heading ``International Military Education and Training''
may be made available for assistance for the Government of Saudi
Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs should be obligated or expended by the Export-
Import Bank of the United States to guarantee, insure, or extend
(or participate in the extension of) credit in connection with the
export of nuclear technology, equipment, fuel, materials, or other
nuclear technology-related goods or services to Saudi Arabia unless
the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding any
other provision of law, for non-lethal stabilization assistance for
Syria, including for emergency medical and rescue response and
chemical weapons investigations.
(2) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of Iran,
foreign terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may threaten
or undermine United States national security interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(3) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(k) Tunisia.--
(1) Assistance.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Tunisia for
programs to improve economic growth and opportunity, support
democratic governance and civil society, protect due process of
law, and maintain regional stability and security, following
consultation with the Committees on Appropriations.
(2) Report.--Not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the extent to which--
(A) the Government of Tunisia is implementing economic
reforms, countering corruption, and taking credible steps to
restore constitutional order and democratic governance,
including respecting freedoms of expression, association, and
the press, and the rights of members of political parties, that
are in addition to steps taken in the preceding fiscal year;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security forces who
commit human rights abuses accountable; and
(C) the Tunisian military has remained an apolitical and
professional institution.
(l) West Bank and Gaza.--
(1) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs in the West Bank and Gaza, which may include water,
sanitation, and other infrastructure improvements.
(2) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation,
or actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated
between Israel and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under this
clause may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza shall be made
available consistent with section 1004(a) of the Taylor Force Act
(title X of division S of Public Law 115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) shall apply to funds made available by this Act, including a
description of modifications, if any, to the security strategy of
the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing steps
taken by the Palestinian Authority to counter incitement of
violence against Israelis and to promote peace and coexistence with
Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
Eastern Democratic Republic of the Congo and the Central African
Republic, including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated by this
Act shall be made available for assistance for the Democratic Republic
of the Congo (DRC) for stabilization, democracy, global health, and
bilateral economic assistance, including in areas affected by, and at
risk from, the Ebola virus disease: Provided, That such funds shall
also be made available to support security, stabilization, development,
and democracy in Eastern DRC: Provided further, That funds
appropriated by this Act under the headings ``Peacekeeping Operations''
and ``International Military Education and Training'' that are made
available for such purposes may be made available notwithstanding any
other provision of law, except section 620M of the Foreign Assistance
Act of 1961.
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(1) implementation of the cessation of hostilities agreement in
Tigray;
(2) political dialogues and confidence building measures to end
other conflicts in the country;
(3) civil society and protect human rights;
(4) efforts to provide unimpeded access to humanitarian
assistance;
(5) investigations and prosecutions of gross violations of
human rights; and
(6) restoration of basic services in areas impacted by
conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for higher education programs
in Malawi shall be made available for higher education and workforce
development programs in agriculture as described under this section in
House Report 117-401.
(g) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central
Government of South Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in South Sudan:
Provided, That funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for any new program, project,
or activity in South Sudan shall be subject to prior consultation with
the appropriate congressional committees.
(h) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title III
that are made available for assistance for Sudan may be made
available to support a civilian-led transition in Sudan.
(2) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the central
Government of Sudan, except to support implementation of
outstanding issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated with such
Agreement, or any other viable peace agreement in Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for any
new program, project, or activity in Sudan shall be subject to
prior consultation with the appropriate congressional committees.
(i) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall instruct
the United States executive director of each international
financial institution to vote against any extension by the
respective institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote democracy,
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the rule of law has been
restored, including respect for ownership and title to property,
and freedoms of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central Government
of Zimbabwe, except for health and education, unless the Secretary
of State certifies and reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act, not
less than $136,127,000 shall be made available for assistance for
Burma, which--
(A) may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees;
(B) may be made available for support for the
administrative operations and programs of entities that support
peaceful efforts to establish an inclusive and representative
democracy in Burma and a federal union to foster equality among
Burma's diverse ethnic groups, following consultation with the
Committees on Appropriations;
(C) shall be made available for programs to promote ethnic
and religious tolerance, unity, and accountability and to
combat gender-based violence, including in Kachin, Chin, Mon,
Karen, Karenni, Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to provide
food, medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to assistance
for Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance''; and
(E) shall be made available for programs and activities to
investigate and document violations of human rights in Burma
committed by the military junta.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for Burma.
(3) Limitations.--None of the funds appropriated by this Act
that are made available for assistance for Burma may be made
available to the State Administration Council or any organization
or entity controlled by, or an affiliate of, the armed forces of
Burma, or to any individual or organization that has committed a
gross violation of human rights or advocates violence against
ethnic or religious groups or individuals in Burma, as determined
by the Secretary of State for programs administered by the
Department of State and USAID or the President of the National
Endowment for Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2023 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III of
this Act, not less than $82,505,000 shall be made available for
assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated by this
Act that are made available for assistance for the Government
of Cambodia may be obligated or expended unless the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions
with respect to North Korea;
(ii) assert its sovereignty against interference by the
People's Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other
military installations in Cambodia, and dual use facilities
such as the runway at the Dara Sakor development project;
(iii) cease violence, threats, and harassment against
civil society and the political opposition in Cambodia, and
dismiss any politically motivated criminal charges against
critics of the government; and
(iv) respect the rights, freedoms, and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as
enacted in 1993.
(B) Exceptions.--The certification required by subparagraph
(A) shall not apply to funds appropriated by this Act and made
available for democracy, health, education, and environment
programs, programs to strengthen the sovereignty of Cambodia,
and programs to educate and inform the people of Cambodia of
the influence activities of the People's Republic of China in
Cambodia.
(3) Uses of funds.--Funds appropriated under title III of this
Act for assistance for Cambodia shall be made available for--
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map, and
publicize the efforts by the People's Republic of China to
expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act
of 2018.--
(1) Assistance.--Of the funds appropriated under titles III and
IV of this Act, not less than $1,800,000,000 shall be made
available to support implementation of the Indo-Pacific Strategy
and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
409).
(2) Countering prc influence fund.--Of the funds appropriated
by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``International Narcotics Control and
Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing Program'', not
less than $325,000,000 shall be made available for a Countering PRC
Influence Fund to counter the influence of the Government of the
People's Republic of China and the Chinese Communist Party and
entities acting on their behalf globally, which shall be subject to
prior consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts otherwise made
available for such purposes: Provided further, That up to 10
percent of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence: Provided
further, That the uses of such funds shall be the joint
responsibility of the Secretary of State and the USAID
Administrator, and shall be allocated as specified under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That funds made available pursuant to this paragraph under
the heading ``Foreign Military Financing Program'' may remain
available until September 30, 2024: Provided further, That funds
appropriated by this Act for such Fund under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated under such
headings: Provided further, That such transfer authority is in
addition to any other transfer authority provided by this Act or
any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for any project or activity that directly
supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads of
other Federal agencies, as appropriate, determines that such
use does not adversely impact the national security of the
United States.
(4) Maps.--None of the funds made available by this Act should
be used to create, procure, or display any map that inaccurately
depicts the territory and social and economic system of Taiwan and
the islands or island groups administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under titles III
and IV, not less than $93,000,000 shall be made available for
assistance for Laos, including for assistance for persons with
disabilities caused by unexploded ordnance accidents, and of which not
less than $1,500,000 should be made available for programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities in areas sprayed with Agent Orange: Provided, That funds
made available pursuant to this subsection may be used, in consultation
with the Government of Laos, for assessments of the existence of dioxin
contamination resulting from the use of Agent Orange in Laos and the
feasibility and cost of remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available for
assistance for the central government of a country the Secretary of
State determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of State
shall submit the report required by section 209 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122;
22 U.S.C. 9229) to the Committees on Appropriations: Provided
further, That the Secretary of State may waive the application of
the restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary determines and
reports to the appropriate congressional committees that to do so
is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at levels
not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' shall be
made available for the promotion of human rights in North Korea:
Provided, That the authority of section 7032(b)(1) of this Act
shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support Fund''
may be made available for assistance for the Government of North
Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated under title I in this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available for
establishing and operating diplomatic facilities in Kiribati,
Tonga, Solomon Islands, and Vanuatu, subject to section 7015(a)(3)
of this Act and following consultation with the Committees on
Appropriations.
(2) Assistance.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement",
"Nonproliferation, Anti-terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'', not less than
$150,000,000 shall be made available for assistance for Pacific
Islands countries, as specified under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), following
consultation with the Committees on Appropriations: Provided, That
funds made available pursuant to this paragraph shall be made
available for joint development and security programs between the
United States and such countries in coordination with regional
allies and partners, including Taiwan.
(g) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds appropriated
under the heading ``Diplomatic Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites
and satellite components) to the People's Republic of China (PRC)
unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement
with the PLA, or any entity that the Secretary of State has reason
to believe is owned or controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated by this
Act under the first paragraph under the heading ``Democracy
Fund'', not less than $5,000,000 shall be made available for
democracy and Internet freedom programs for Hong Kong,
including legal and other support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for Hong Kong
should be obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist Party or
any entity acting on their behalf in Hong Kong.
(C) Report.--The report required under section
7043(f)(3)(C) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260) shall be updated and submitted to the
Congress in the manner described.
(h) Philippines.--None of the funds appropriated by this Act may be
made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $4,000,000 shall be made available for the
Global Cooperation and Training Framework, which shall be
administered by the American Institute in Taiwan.
(2) Foreign military financing.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'', except for amounts
designated as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, may be made available for the costs,
as defined in section 502 of the Congressional Budget Act of 1974,
of direct loans and loan guarantees for Taiwan, if otherwise
authorized: Provided, That such costs may include the costs of
selling, reducing, or cancelling any amounts owed to the United
States or any agency of the United States: Provided further, That
the gross principal balance of such direct loans shall not exceed
$2,000,000,000, and the gross principal balance of guaranteed loans
shall not exceed $2,000,000,000: Provided further, That the
Secretary of State may use amounts charged to the borrower as
origination fees to pay for the cost of such loans.
(3) Fellowship program.--Funds appropriated by this Act under
the heading ``Payment to the American Institute in Taiwan'' shall
be made available to establish a Taiwan Fellowship Program.
(4) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult with
the Committees on Appropriations on the uses of funds made
available pursuant to this subsection: Provided, That such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to support financing of projects in Tibet if
such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans,
are based on a thorough needs-assessment, foster self-sufficiency
of the Tibetan people and respect Tibetan culture and traditions,
and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $10,000,000 shall be made
available to nongovernmental organizations with experience
working with Tibetan communities to support activities which
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in other
Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(k) Vietnam.--
(1) Of the funds appropriated under titles III and IV of this
Act, not less than $197,000,000 shall be made available for
assistance for Vietnam, of which not less than--
(A) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities: Provided,
That such funds shall be prioritized to assist persons whose
disabilities may be related to the use of Agent Orange and
exposure to dioxin, or are the result of unexploded ordnance
accidents;
(B) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes;
(C) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(D) $15,000,000 shall be made available for higher
education programs.
(2) Section 7043(i)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022 (division
K of Public Law 117-103) is amended by striking ``that'' and
inserting ``: Provided, That such funds shall be prioritized to
assist persons whose disabilities''.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs and made available for
assistance for Afghanistan may be made available for direct
assistance to the Taliban.
(2) Afghan special immigrant visas.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration for Foreign Affairs'' and fees available for
obligation during fiscal year 2023 in the Consular and Border
Security Programs account shall be made available for additional
Department of State personnel necessary to eliminate processing
backlogs and expedite adjudication of Afghan Special Immigrant Visa
cases, including for the National Visa Center and the Afghan
Special Immigrant Visa Unit.
(3) Afghan students.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available to support
the higher education of students from Afghanistan studying outside
of the country, including the costs of reimbursement to
institutions hosting such students, as appropriate: Provided, That
the Secretary of State and the Administrator of the United States
Agency for International Development, as appropriate, shall consult
with the Committees on Appropriations prior to the initial
obligation of funds for such purposes.
(4) Report.--Not later than 45 days after the date of enactment
of this Act, the Secretary of State and the USAID Administrator
shall submit a report to the appropriate congressional committees
detailing plans, consistent with the restriction contained in
paragraph (1), to--
(A) protect and strengthen the rights of Afghan women and
girls;
(B) support higher education programs, including continued
support for the American University of Afghanistan's (AUAF)
online programs and support for other higher education
institutions in South Asia and the Middle East that are hosting
AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists,
and independent media, including in third countries; and
(D) support health, education, including community-based
education, and other programs to address the basic needs of the
people of Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act that are made available for assistance for Bangladesh--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association, and the
right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs.
(c) Nepal.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available for
assistance for Nepal shall only be made available for humanitarian and
disaster relief and reconstruction activities, and in support of
international peacekeeping operations, military professionalization and
training, and border security activities: Provided, That such funds
may only be made available for additional uses if the Secretary of
State certifies and reports to the Committees on Appropriations that
the Government of Nepal is investigating and prosecuting violations of
human rights and the laws of war by the Nepal Army, and the Nepal Army
is cooperating fully with civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Bilateral economic assistance.--Prior to the obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees detailing--
(i) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic
or foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government in
issuing visas in a timely manner for United States
visitors, including officials and representatives of
nongovernmental organizations, engaged in assistance and
security programs in Pakistan;
(iii) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected
by conflict in Pakistan and the region; and
(iv) the extent to which such government is
strengthening democracy in Pakistan, including protecting
freedom of expression, assembly, and religion.
(2) Authority and uses of funds.--(A) Funds appropriated by
this Act for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for section 620M
of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall be
made available for border security programs in Pakistan, following
consultation with the Committees on Appropriations.
(C) Funds appropriated by title III of this Act shall be made
available for programs to promote democracy and for gender programs
in Pakistan.
(3) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all
charges relating to the assistance provided to the United States in
locating Osama bin Laden.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this Act
shall be made available for assistance for Sri Lanka for democracy
and economic development programs, particularly in areas recovering
from ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports to
the Committees on Appropriations that such Government is taking
effective and consistent steps to--
(A) protect the rights and freedoms of the people of Sri
Lanka regardless of ethnicity and religious belief, including
by investigating violations of human rights and the laws of war
and holding perpetrators of such violations accountable;
(B) address the basic needs of the people of Sri Lanka and
responsibly mitigate the impact of the country's economic
collapse, including by increasing transparency and
accountability in governance;
(C) combat corruption, including bringing to justice public
officials who have engaged in significant acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
(E) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka,
including by--
(i) addressing land confiscation and ownership issues;
(ii) resolving cases of missing persons, including by
maintaining a functioning and credible office of missing
persons;
(iii) reducing the presence of the armed forces in
former conflict zones and restructuring the armed forces
for a peacetime role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest and detention
by security forces to comply with international standards;
and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism for
resolving cases of war crimes:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster relief; to protect human rights, locate and identify
missing persons, and assist victims of torture and trauma; to
promote justice, accountability, and reconciliation; to enhance
maritime security and domain awareness; to promote fiscal
transparency and sovereignty; and for International Military
Education and Training.
(3) Limitation.--None of the funds appropriated by this Act may
be made available for assistance for the Sri Lankan armed forces,
except for humanitarian assistance, disaster relief, instruction in
human rights and related curricula development, maritime security
and domain awareness, including professionalization and training
for the navy and coast guard, and funds appropriated by this Act
under the heading ``International Military Education and
Training''.
(4) Consultation.--Funds made available for assistance for Sri
Lanka other than for the purposes specified in paragraph (1) shall
be subject to prior consultation with the Committees on
Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be
made available for assistance for countries in South and Central Asia
to significantly increase the recruitment, training, and retention of
women in the judiciary, police, and other security forces, and to train
judicial and security personnel in such countries to prevent and
address gender-based violence, human trafficking, and other practices
that disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for Belize, Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama,
including through the Central America Regional Security Initiative:
Provided, That such assistance shall be prioritized for programs
that address the violence, poverty, corruption, and other factors
that contribute to irregular migration, particularly of
unaccompanied minors, to the United States, including for programs
to reduce violence against women and girls, protect the rights of
Indigenous people, support civil society and other independent
institutions, enhance economic opportunity, combat corruption and
impunity, and dismantle illegal armed groups and drug trafficking
organizations.
(A) Of the funds made available pursuant to paragraph (1)--
(i) $61,500,000 should be made available to support
entities and activities to combat corruption and impunity
in such countries, including, as appropriate, offices of
Attorneys General; and
(ii) $70,000,000 should be made available for programs
to reduce violence against women and girls, including for
Indigenous women and girls.
(B) Within the funds made available pursuant to paragraph
(1) and made available for assistance for El Salvador,
Guatemala, and Honduras, up to $100,000,000 should be made
available for programs that support locally-led development in
such countries: Provided, That up to 15 percent of the funds
made available to carry out this subparagraph may be used by
the Administrator of the United States Agency for International
Development for administrative and oversight expenses related
to the purposes of this subparagraph: Provided further, That
the USAID Administrator shall consult with the Committees on
Appropriations on the planned uses of funds to carry out this
subparagraph prior to the initial obligation of funds:
Provided further, That such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(C) Funds made available pursuant to paragraph (1) shall be
made available for the youth empowerment program established
pursuant to section 7045(a)(1)(C) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103).
(2) Limitation on assistance to certain central governments.--
(A) Of the funds made available pursuant to paragraph (1)
under the heading ``Economic Support Fund'' and under title IV
of this Act, 60 percent of such funds that are made available
for assistance for each of the central governments of El
Salvador and Guatemala, and 45 percent of such funds that are
made available for assistance for the central government of
Honduras, may only be obligated after the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials,
military personnel, and police officers credibly alleged to
be corrupt;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, strengthening the
independence of judicial and electoral institutions, and
improving the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights defenders,
trade unionists, journalists, civil society groups,
opposition political parties, and the independence of the
media;
(iv) providing effective and accountable law
enforcement and security for its citizens, curtailing the
role of the military in public security, and upholding due
process of law;
(v) implementing programs to reduce violence against
women and girls;
(vi) implementing policies to reduce poverty and
promote economic growth and opportunity, including the
implementation of reforms to strengthen educational
systems, vocational training programs, and programs for at-
risk youth;
(vii) improving border security and combating human
smuggling and trafficking and countering the activities of
criminal gangs, drug traffickers, and transnational
criminal organizations;
(viii) informing its citizens of the dangers of the
journey to the southwest border of the United States; and
(ix) implementing policies that improve the environment
for foreign investment, including executing tax reform in a
transparent manner, ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United States
businesses, and resolving disputes involving the
confiscation of real property of United States entities.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the central governments, such assistance shall be reprogrammed
for assistance for civil society organizations in such country,
or for other countries in Latin America and the Caribbean,
notwithstanding the funding provisions in this subsection and
the limitations in section 7019 of this Act: Provided, That
any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) judicial entities and activities related to
combating corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human rights,
including those of Indigenous communities and Afro-
descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for El
Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, $487,375,000 should be made available for
assistance for Colombia: Provided, That such funds shall be made
available for the programs and activities described under this
section in House Report 117-401: Provided further, That of the
funds appropriated by this Act under the heading ``International
Narcotics Control and Law Enforcement'' and made available for
assistance pursuant to this paragraph, not less than $40,000,000
shall be made available to enhance rural security in coca producing
municipalities and other municipalities with high levels of illicit
activities: Provided further, That funds made available pursuant
to the preceding proviso shall be prioritized in such
municipalities that are also targeted for assistance programs that
provide viable economic alternatives and improve access to public
services.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for
Colombia, 20 percent may be obligated only if the Secretary of
State certifies and reports to the Committees on Appropriations
that--
(i) the Government of Colombia is implementing an
effective whole-of-government strategy to substantially and
sustainably reduce coca cultivation and cocaine production
levels in Colombia, including programs and activities that
support illicit crop eradication, alternative development,
drug interdiction, dismantling of drug trafficking and
money laundering networks, rural security, environmental
protection, judicial sector strengthening, and public
health services; and
(ii) such strategy is in accordance with the 2016 peace
accord between the Government of Colombia and the
Revolutionary Armed Forces of Colombia.
(B) Human rights.--
(i) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and made
available for assistance for Colombia, 20 percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that--
(I) the Special Jurisdiction for Peace and other
judicial authorities, as appropriate, are sentencing
perpetrators of gross violations of human rights,
including those with command responsibility, to
deprivation of liberty;
(II) the Government of Colombia is making
consistent progress in reducing threats and attacks
against human rights defenders and other civil society
activists, and judicial authorities are prosecuting and
punishing those responsible for ordering and carrying
out such attacks;
(III) the Government of Colombia is making
consistent progress in protecting Afro-Colombian and
Indigenous communities and is respecting their rights
and territories;
(IV) senior military officers credibly alleged, or
whose units are credibly alleged, to be responsible for
ordering, committing, and covering up cases of false
positives and other extrajudicial killings, or of
committing other gross violations of human rights, or
of conducting illegal communications intercepts or
other illicit surveillance, are being held accountable,
including removal from active duty if found guilty
through criminal, administrative, or disciplinary
proceedings; and
(V) the Colombian Armed Forces are cooperating
fully with the requirements described in subclauses (I)
through (IV).
(ii) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance for the
Colombian National Police (CNP), five percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Colombia is bringing to justice the police
personnel who ordered, directed, and used excessive force
and engaged in other illegal acts against protesters in
2020 and 2021, and that the CNP is cooperating fully with
such efforts.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs and made available
for assistance for Colombia may be used to transport personnel and
supplies involved in drug eradication and interdiction, including
security for such activities, and to provide transport in support
of alternative development programs and investigations by civilian
judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the Government
of Colombia and illegal armed groups.
(c) Haiti.--
(1) Assistance.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for Haiti to
support the basic needs of the Haitian people.
(2) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made available
for the central Government of Haiti if the Secretary of State
certifies and reports to the appropriate congressional committees
that a democratically elected government has taken office, or the
country is being led by a transitional governing authority that is
broadly representative of Haitian society, and it is in the
national interest of the United States to provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (1), funds may be
made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of justice
programs, including to reduce pre-trial detention and eliminate
inhumane prison conditions;
(C) public health, food security, subsistence farmers,
water and sanitation, education, and other programs to meet
basic human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
assistance for Haiti shall be subject to prior consultation with
the Committees on Appropriations: Provided, That the requirement
of this paragraph shall also apply to any funds from such Acts that
are made available for support for an international security force
in Haiti.
(5) Prohibition.--None of the funds appropriated or otherwise
made available by this Act may be used for assistance for the armed
forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Nicaragua.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $15,000,000 shall be
made available for democracy programs for Nicaragua, including to
support civil society.
(e) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $82,000,000 shall be made available
for the Caribbean Basin Security Initiative.
(f) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made available for
democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under title III shall be made available for
assistance for communities in countries supporting or otherwise
impacted by refugees from Venezuela, including Colombia, Peru,
Ecuador, Curacao, and Trinidad and Tobago: Provided, That such
amounts are in addition to funds otherwise made available for
assistance for such countries, subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Funds appropriated by this Act under titles III
and IV shall be made available for assistance for Ukraine.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the FREEDOM Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section
1424 of the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the United States International Development Finance
Corporation as authorized by the BUILD Act of 2018 (division F of
Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act of
1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are named in the
July 17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the
use of funds made available by this Act for border security purposes,
for North Atlantic Treaty Organization or coalition operations, or to
enhance the protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government of
a country that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps intended
to support or be supportive of the Russian Federation annexation of
Crimea or other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do so
is in the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act may
be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of the Russian Federation or Russian-
backed forces, if such activity includes the participation of
Russian Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of the Russian Federation or Russian-backed
forces, if such assistance includes the participation of
Russian Government officials, or other Russian owned or
controlled financial entities.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance by such institution
(including any loan, credit, grant, or guarantee) for any program
that violates the sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over Crimea and
other territory in Ukraine under the control of the Russian
Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government of
a country that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of, or
has established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central governments
in a timely manner: Provided further, That the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act may
be made available to support the Russian Federation occupation of
the Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance by such institution
(including any loan, credit, grant, or guarantee) for any program
that violates the sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act under
the headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $300,000,000 shall be
made available to carry out the purposes of the Countering Russian
Influence Fund, as authorized by section 254 of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public Law
115-44; 22 U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries in
Europe, Eurasia, and Central Asia and strengthen security
cooperation between such countries and the United States and the
North Atlantic Treaty Organization, as appropriate: Provided, That
funds made available pursuant to this paragraph under the heading
``Foreign Military Financing Program'' may remain available until
September 30, 2024.
(2) Economics and trade.--Funds appropriated by this Act and
made available for assistance for the Eastern Partnership countries
shall be made available to advance the implementation of
Association Agreements and trade agreements with the European
Union, and to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That of the funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
not less than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority rights, and
programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later than 120
days after the date of enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations whether each
organization, department, or agency receiving a contribution from funds
appropriated by this Act under the headings ``Contributions to
International Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website, consistent with
privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or agency,
and providing the United States Government with necessary access to
such financial and performance audits;
(2) has submitted a report to the Department of State, which
shall be posted on the Department's website in a timely manner,
demonstrating that such organization is effectively implementing
and enforcing policies and procedures which meet or exceed best
practices in the United States for the protection of whistleblowers
from retaliation, including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the government
of which the Secretary of State has determined, for purposes of
section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country the
government of which the Secretary of State has determined, for
purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the restriction
in this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description of
the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2023, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations
and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements under
section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality of its
facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure they
are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure it is
operating in compliance with the conditions of section 301(c) of
the Foreign Assistance Act of 1961 and continuing regular reporting
to the Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and summer
camps is consistent with the values of human rights, dignity, and
tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions or
related entities in violation of relevant United States law, and is
taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely fashion
the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds available
for obligation or expenditure in fiscal year 2023 for contributions to
any organization, department, agency, or program within the United
Nations system or any international program that are withheld from
obligation or expenditure due to any provision of law: Provided, That
the Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State shall, to the maximum extent practicable, withhold
assistance to any unit of the security forces of a foreign country if
the Secretary has credible information that such unit has engaged in
sexual exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary determines that the
government of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of assistance
pursuant to this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than 10 days
after a determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent practicable,
assist such government in bringing the responsible members of such unit
to justice: Provided further, That not later than 60 days after the
date of enactment of this Act, the Secretary shall submit a report to
the Committees on Appropriations detailing the policies, mechanisms,
and procedures established to implement this subsection, following
consultation with the Committees on Appropriations.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2024: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2023 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$90,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act under
the headings ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are made
available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace, the Department of State International
Cyberspace Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114-113),
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the technological advantage of the United States
Government over such censorship techniques: Provided, That the
Secretary of State, in consultation with the United States
Agency for Global Media Chief Executive Officer (USAGM CEO) and
the President of the Open Technology Fund (OTF), shall
coordinate any such research and development programs with
other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies; and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, that such funds are allocated consistent
with--
(i) the strategies referenced in subparagraph (B) of
this paragraph;
(ii) best practices regarding security for, and
oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology
and tools.
(2) United states agency for global media.--Funds appropriated
by this Act under the heading ``International Broadcasting
Operations'' that are made available pursuant to subsection (a)
shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM digital
content, facilitate audience access to such content on websites
that are censored, coordinate the distribution of USAGM digital
content to targeted regional audiences, and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated by the USAGM CEO, in consultation with the
OTF President, with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall be
incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the USAGM CEO, in consultation with the
OTF President, to solicit project proposals through an open,
transparent, and competitive process, seek input from technical
and subject matter experts to select proposals, and support
Internet circumvention tools and techniques for audiences in
countries that are strategic priorities for the OTF and in a
manner consistent with the United States Government Internet
freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of State, the
OTF President, and other relevant United States Government
departments and agencies, evaluates the risks and benefits of
such new tools or techniques, and establishes safeguards to
minimize the use of such new tools or techniques for illicit
purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after the date of enactment of this Act, the
Secretary of State and the USAGM CEO, in consultation with the OTF
President, shall submit to the Committees on Appropriations spend plans
for funds made available by this Act for programs to promote Internet
freedom globally, which shall include a description of safeguards
established by relevant agencies to ensure that such programs are not
used for illicit purposes: Provided, That the Department of State
spend plan shall include funding for all such programs for all relevant
Department of State and United States Agency for International
Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support open-source technologies that undergo comprehensive security
audits consistent with the requirements of the Bureau of Democracy,
Human Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to individuals and
organizations benefiting from programs supported by such funds:
Provided, That the security auditing procedures used by such Bureau
shall be reviewed and updated periodically to reflect current industry
security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by the
Department of State and the United States Agency for International
Development with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the
authority of the appropriate Chief of Mission: Provided, That such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without reimbursement
when traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with the
use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That subsection (f)(2)(B) of such section shall
be applied by substituting ``September 30, 2022'' for ``September 30,
2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International Narcotics
Control and Law Enforcement'', ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Assistance'')
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2023, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans
to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such
funds UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which the
report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to infectious
disease outbreaks, including by strengthening public health
capacity where there is a high risk of emerging zoonotic infectious
diseases: Provided, That not later than 60 days after the date of
enactment of this Act, the USAID Administrator and the Secretary of
State, as appropriate, shall consult with the Committees on
Appropriations on the planned uses of such funds.
(2) Financial intermediary fund.--Funds appropriated by this
Act under the heading ``Global Health Programs'' may be made
available for contributions to a financial intermediary fund for
pandemic preparedness and global heath security.
(3) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that an
international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national
interest to respond to a Public Health Emergency of International
Concern, not to exceed an aggregate total of $200,000,000 of the
funds appropriated by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', ``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(4) Emergency reserve fund.--Up to $90,000,000 of the funds
made available under the heading ``Global Health Programs'' may be
made available for the Emergency Reserve Fund established pursuant
to section 7058(c)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017 (division
J of Public Law 115-31): Provided, That such funds shall be made
available under the same terms and conditions of such section.
(5) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act shall be
made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the economic participation and opportunities for
political leadership, and protecting the rights of women and girls
worldwide.
(2) Women's economic empowerment.--Funds appropriated by this
Act are available to implement the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428): Provided,
That the Secretary of State and the Administrator of the United
States Agency for International Development, as appropriate, shall
consult with the Committees on Appropriations on the implementation
of such Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000 may be
made available for the Gender Equity and Equality Action Fund.
(b) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $50,000,000
shall be made available for programs specifically designed to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels:
Provided, That such programs shall hereafter be collectively named the
``Madeleine K. Albright Women's Leadership Program''.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of this
Act, not less than $250,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(2) Funds appropriated under titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', $150,000,000
should be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and
girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $970,000,000 shall be made available for the Nita
M. Lowey Basic Education Fund, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That of the funds made available by this
paragraph, $150,000,000 should be available for the education
of girls in areas of conflict: Provided further, That section
7(a) of Public Law 115-56 shall be implemented by substituting
``the thirtieth day of June following'' for ``180 days after''.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$160,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $285,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be
made available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of such amount, not less
than $35,000,000 shall be made available for new and ongoing
partnerships between higher education institutions in the United
States and developing countries focused on building the capacity of
higher education institutions and systems in developing countries:
Provided further, That of such amount and in addition to the
previous proviso, not less than $35,000,000 shall be made available
for higher education programs pursuant to section 7060(a)(3) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260):
Provided further, That not later than 45 days after the date of
enactment of this Act, the USAID Administrator shall consult with
the Committees on Appropriations on the proposed uses of funds for
such partnerships.
(3) Scholar rescue programs.--Of the funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'', not less than $7,000,000 shall be made available for
scholar rescue programs, including for scholars from Afghanistan,
Burma, Ethiopia, the Russian Federation, Ukraine, and Yemen:
Provided, That the Secretary of State and Administrator of the
United States Agency for International Development, as appropriate,
shall consult with the Committees on Appropriations on such
programs not later than 90 days after the date of enactment of this
Act.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $18,500,000
shall be made available for USAID cooperative development programs and
not less than $31,500,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,010,600,000 shall be made available for food security
and agricultural development programs to carry out the purposes of
the Global Food Security Act of 2016 (Public Law 114-195):
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246), as amended by section 3310 of the
Agriculture Improvement Act of 2018 (Public Law 115-334).
(2) The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and the heads of other relevant Federal agencies, shall
seek to enter into negotiations with key foreign governments and
multilateral, philanthropic, and private sector entities, including
the United Nations Rome-based agencies and the World Bank,
regarding the potential establishment of a multilateral fund
focused on food security, as described under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(e) Programs to Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $116,400,000 shall be made available for activities to
combat trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than $87,000,000 shall
be from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds made
available by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to combat
trafficking in persons should be obligated and programmed consistent
with the country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with the Office
to Monitor and Combat Trafficking in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $25,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic, racial,
religious, and political backgrounds from areas of civil strife and
war: Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation of funds,
on the uses of such funds, and such funds shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Center
for Conflict and Violence Prevention, USAID.
(g) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $475,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $237,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $17,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
(h) Deviation.--Unless otherwise provided for by this Act, the
Secretary of State and the Administrator of the United States Agency
for International Development, as applicable, may deviate below the
minimum funding requirements designated in sections 7059, 7060, and
7061 of this Act by up to 10 percent, notwithstanding such designation:
Provided, That concurrent with the submission of the report required
by section 653(a) of the Foreign Assistance Act of 1961, the Secretary
of State shall submit to the Committees on Appropriations in writing
any proposed deviations utilizing such authority that are planned at
the time of submission of such report: Provided further, That any
deviations proposed subsequent to the submission of such report shall
be subject to prior consultation with such Committees: Provided
further, That not later than November 1, 2024, the Secretary of State
shall submit a report to the Committees on Appropriations on the use of
the authority of this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II, of
the Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, except for the provisions of this section and
only subject to the reporting procedures of the Committees on
Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act, not
less than $385,000,000 shall be made available for biodiversity
conservation programs.
(2) Not less than $125,000,000 of the funds appropriated under
titles III and IV of this Act shall be made available to combat the
transnational threat of wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act may
be made available for training or other assistance for any military
unit or personnel that the Secretary of State determines has been
credibly alleged to have participated in wildlife poaching or
trafficking, unless the Secretary reports to the appropriate
congressional committees that to do so is in the national security
interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall
not be used to support the expansion of industrial scale logging,
agriculture, livestock production, mining, or any other industrial
scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of the Treasury
shall instruct the United States executive directors of each
international financial institution (IFI) to use the voice and vote of
the United States to oppose any financing of any such activity.
(5) Funds appropriated by this Act shall be made available to
support a new public-private partnership for conservation to promote
long-term management of protected areas in developing countries, if
legislation establishing a foundation to facilitate such partnership is
enacted into law.
(c) The Secretary of the Treasury shall instruct the United States
executive director of each IFI that it is the policy of the United
States to use the voice and vote of the United States, in relation to
any loan, grant, strategy, or policy of such institution, regarding the
construction of any large dam consistent with the criteria set forth in
Senate Report 114-79, while also considering whether the project
involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less
than $185,000,000 shall be made available for sustainable landscapes
programs.
(e) Of the funds appropriated under title III of this Act, not less
than $270,000,000 shall be made available for adaptation programs,
including in support of the implementation of the Indo-Pacific
Strategy.
(f) Of the funds appropriated under title III of this Act, not less
than $260,000,000 shall be made available for clean energy programs,
including in support of carrying out the purposes of the Electrify
Africa Act (Public Law 114-121) and implementing the Power Africa
initiative.
(g) Funds appropriated by this Act under title III may be made
available for United States contributions to the Adaptation Fund and
the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for the purposes enumerated
under section 7060(c)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021 (division K
of Public Law 116-260): Provided, That such funds may only be made
available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not less
than $20,000,000 shall be made available to support Indigenous and
other civil society organizations in developing countries that are
working to protect the environment, including threatened and endangered
species, as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(j) The Secretary of State and USAID Administrator shall implement
the directive regarding law enforcement in national parks and protected
areas as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2023, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the congressional budget justification
funding levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the department or
agency; and a clear, concise, and informative description/
justification: Provided further, That operating plans that include
changes in levels of funding for programs, projects, and activities
specified in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), as applicable, shall be
subject to the notification and reprogramming requirements of section
7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary of
State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations spend plans as described under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Not later than 90 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit to the Committees
on Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may be
obligated prior to the submission of such spend plan if the
Secretary of State, the USAID Administrator, or the Secretary of
the Treasury, as applicable, determines that the obligation of such
funds is necessary to avoid significant programmatic disruption:
Provided, That not less than seven days prior to such obligation,
the Secretary or Administrator, as appropriate, shall consult with
the Committees on Appropriations on the justification for such
obligation and the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2024:
Provided, That the appendices for such justification shall be provided
to the Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State, the
United States Agency for International Development, or any other
Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or
organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil Service,
Foreign Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the staffing
levels previously justified to the Committees on Appropriations for
fiscal year 2023.
department of state management
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by this
Act or otherwise made available to the Department of State for payments
to the Working Capital Fund that are made available for new service
centers, shall be subject to the regular notification procedures of the
Committees on Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of this
Act that are made available to a Department of State bureau or
office with responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office
basis, that such bureau or office is in compliance with Department
and Federal financial and grants management policies, procedures,
and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the capacity
of a bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall submit
a plan and timeline detailing the steps to be taken to bring such
bureau or office into compliance.
(c) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading ``Administration
of Foreign Affairs'' may be made available for a new major information
technology investment without the concurrence of the Chief Information
Officer, Department of State.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2024.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Bureau
for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the funds
made available in title III of this Act pursuant to, or to carry out
the provisions of, part I of the Foreign Assistance Act of 1961 and
section 509(b) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94) may be made available for the United States
Agency for International Development to appoint and employ personnel in
the excepted service to prevent or respond to foreign crises and
contexts with growing instability: Provided, That functions carried
out by personnel hired under the authority of this subsection shall be
related to the purpose for which the funds were appropriated: Provided
further, That such funds are in addition to funds otherwise available
for such purposes and may remain attributed to any minimum funding
requirement for which they were originally made available: Provided
further, That the USAID Administrator shall coordinate with the
Director of the Office of Personnel Management and consult with the
appropriate congressional committees on implementation of this
provision.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds
appropriated by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing
Program'', not less than $135,000,000 shall be made available for the
Prevention and Stabilization Fund for the purposes enumerated in
section 509(a) of the Global Fragility Act of 2019 (title V of division
J of Public Law 116-94), of which $25,000,000 may be made available for
the Multi-Donor Global Fragility Fund authorized by section 510(c) of
such Act: Provided, That such funds shall be allocated as specified
under this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided further, That funds appropriated under such headings may be
transferred to, and merged with, funds appropriated under such headings
for such purposes: Provided further, That such transfer authority is
in addition to any other transfer authority provided by this Act or any
other Act, and is subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That funds made available pursuant to this subsection that are
transferred to funds appropriated under the heading ``Foreign Military
Financing Program'' may remain available until September 30, 2024.
(b) Transitional Justice.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $10,000,000
shall be made available for programs to promote accountability for
genocide, crimes against humanity, and war crimes, which shall be in
addition to any other funds made available by this Act for such
purposes: Provided, That such programs shall include components to
develop local investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of evidence,
including for use in prosecutions, and may include the establishment
of, and assistance for, transitional justice mechanisms: Provided
further, That such funds shall be administered by the Ambassador-at-
Large for the Office of Global Criminal Justice, Department of State,
and shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available by this
paragraph shall be made available on an open and competitive basis.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available to the Global
Community Engagement and Resilience Fund, including as a contribution.
debt-for-development
Sec. 7067. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2023 by
substituting ``the costs of providing consular services'' for ``such
costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-
136; 134 Stat. 592) shall be applied during fiscal year 2023 by
substituting ``2020 through 2023'' for ``2020 and 2021''.
(c) Discretionary amounts made available to the Department of State
under the heading ``Administration of Foreign Affairs'' of this Act,
and discretionary unobligated balances under such heading from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that to do
so is necessary to sustain consular operations, following consultation
with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and
under any other provision of law: Provided further, That no amounts
may be transferred from amounts designated as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
management of international transboundary water pollution
(including transfer of funds)
Sec. 7069. In fiscal year 2023 and in each fiscal year
thereafter--
(a) The Administrator of the Environmental Protection Agency (the
``Administrator'') may transfer amounts made available under the
heading ``Environmental Protection Agency--State and Tribal Assistance
Grants'' in the USMCA Supplemental Appropriations Act, 2019 (title IX
of Public Law 116-113) to the International Boundary and Water
Commission, United States and Mexico (the ``Commission''), by entering
into an interagency agreement or by awarding a grant, to support the
construction of treatment works (as that term is defined in section
212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2))),
that will be owned or operated by the Commission: Provided, That the
Commission shall, in consultation with the Administrator and subject to
the requirements of sections 513 and 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1372 and 1388), use amounts transferred pursuant
to this section for general, administrative, or other costs (including
construction management) related to the planning, study, design, and
construction, of treatment works that, as determined by the
Commissioner of the Commission, will--
(1) protect residents in the United States-Mexico border region
from water pollution resulting from--
(A) transboundary flows of wastewater, stormwater, or other
international transboundary water flows originating in Mexico;
and
(B) any inadequacies or breakdowns of treatment works in
Mexico; and
(2) provide treatment of the flows and water pollution
described in subparagraph (A) in compliance with local, State, and
Federal law: Provided, That the Commission may also use amounts
transferred pursuant to this section to operate and maintain any
new treatment work constructed, which shall be in addition to any
amounts otherwise available to the Commission for such purposes.
(b) The Commission is authorized to enter into an agreement with
the appropriate official or officials of the United States and Mexican
States for the operation and maintenance by the Commission of any new
treatment works, pursuant to subsection (a): Provided, That such
agreement shall contain a provision relating to the division between
the two Governments of the costs of such operation and maintenance, or
of the works involved there as may be recommended by said Commission
and approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or otherwise
limits the authority of the Commission under--
(1) the treaty relating to the utilization of the waters of the
Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
Fort Quitman, Texas, to the Gulf of Mexico, and supplementary
protocol, signed at Washington February 3, 1944 (59 Stat. 1219),
between the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(e) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
waiver authority
Sec. 7070. The President may waive section 414 of Public Law 101-
246 and section 410 of Public Law 103-236 with respect to the United
Nations Educational, Scientific and Cultural Organization if the
President determines and reports in writing to the Speaker of the House
of Representatives, the President Pro Tempore of the Senate, and the
appropriate congressional committees that to do so would enable the
United States to counter Chinese influence or to promote other national
interests of the United States: Provided, That the authority of this
section shall cease to have effect if, after enactment of this Act, the
Palestinians obtain the same standing as member states or full
membership as a state in the United Nations or any specialized agency
thereof outside an agreement negotiated between Israel and the
Palestinians: Provided further, That the authority of this section
shall sunset on September 30, 2025, unless extended in a subsequent Act
of Congress.
organization of american states
Sec. 7071. (a) The Secretary of State shall instruct the United
States Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to: (1) implement
budgetary reforms and efficiencies within the Organization; (2)
eliminate arrears, increase other donor contributions, and impose
penalties for successive late payment of assessments; (3) prevent
programmatic and organizational redundancies and consolidate
duplicative activities and functions; (4) prioritize areas in which the
OAS has expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and (5) implement
reforms within the Office of the Inspector General (OIG) to ensure the
OIG has the necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly carry out its
responsibilities in a manner that meets or exceeds best practices in
the United States.
(b) Prior to the obligation of funds appropriated by this Act and
made available for an assessed contribution to the Organization of
American States, but not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on actions taken or planned to be
taken pursuant to subsection (a) that are in addition to actions taken
during the preceding fiscal year, and the results of such actions.
multilateral development banks
Sec. 7072. (a) International Development Association Twentieth
Replenishment.--The International Development Association Act (22
U.S.C. 284 et seq.) is amended by adding at the end the following new
section:
``SEC. 32. TWENTIETH REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association is authorized to contribute on behalf of the
United States $3,500,000,000 to the twentieth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,500,000,000 for payment by the Secretary of the Treasury.''.
(b) Asian Development Fund Twelfth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at
the end the following new section:
``SEC. 37. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized to
contribute, on behalf of the United States, $177,440,000 to the twelfth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $177,440,000 for payment by the Secretary of
the Treasury.''.
war crimes accountability
Sec. 7073. (a) Exception for Certain Investigations.--Section
2004(h) of the American Servicemembers' Protection Act of 2002 (22
U.S.C. 7423(h)) is amended--
(1) by striking ``Agents.--No agent'' and inserting the
following: ``Agents.--
``(1) In general.--No agent''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The prohibition under paragraph (1) shall not
apply with respect to investigative activities that--
``(A) relate solely to investigations and prosecutions of
foreign persons for crimes within the jurisdiction of the
International Criminal Court related to the Situation in
Ukraine; and
``(B) are undertaken in concurrence with the Attorney
General.''.
(b) Exception for Certain Support.--Section 2015 of the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7433) is amended by
striking ``Nothing'' through the end of such section and inserting the
following:
``(a) Assistance.--Nothing in this title shall prohibit the United
States from rendering assistance to international efforts to bring to
justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other
members of Al Queda, leaders of Islamic Jihad, and other foreign
nationals accused of genocide, war crimes or crimes against humanity,
or from rendering assistance to the International Criminal Court to
assist with investigations and prosecutions of foreign nationals
related to the Situation in Ukraine, including to support victims and
witnesses.
``(b) Authority.--Assistance made available pursuant to subsection
(a) of this section may be made available notwithstanding section 705
of the Foreign Relations Authorization Act, Fiscal Year 2000 and 2001
(22 U.S.C. 7401), except that none of the funds made available pursuant
to this subsection may be made available for the purpose of supporting
investigations or prosecutions of U.S. servicemembers or other covered
United States persons or covered allied persons as such terms are
defined in section 2013 of this Act.
``(c) Notification.--The Secretary of State shall notify the
Committees on Appropriations, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, of any amounts obligated pursuant to subsection (b)
not later than 15 days before such obligation is made.''.
(c) Rule of Construction.--Nothing in this section may be construed
to modify the existing roles or authorities of any Federal agency or
official.
rescissions
(including rescissions of funds)
Sec. 7074. (a) Millennium Challenge Corporation.--Of the
unobligated balances from amounts made available under the heading
``Millennium Challenge Corporation'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $100,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated and unexpended balances from amounts available under the
heading ``Embassy Security, Construction, and Maintenance'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $42,000,000 are rescinded.
(c) Contributions for International Peacekeeping Activities.--Of
the unobligated and unexpended balances from amounts available under
the heading ``Contributions for International Peacekeeping Activities''
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $100,000,000 are rescinded.
(d) Restriction.--No amounts may be rescinded from amounts that
were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2023''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$171,014,000: Provided, That of the sums appropriated under this
heading--
(1) $3,569,000 shall be available for the immediate Office of
the Secretary;
(2) $1,277,000 shall be available for the immediate Office of
the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $17,469,000 shall be available for the Office of the Under
Secretary of Transportation for Policy, of which $2,000,000 is for
the Office for Multimodal Freight Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of the Chief
Information Officer; and
(12) $1,450,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred to
in this title as the ``Secretary'') is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 7 percent by all such transfers: Provided further, That notice of
any change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further, That
notwithstanding any other provision of law, there may be credited to
this appropriation up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $48,996,000, of which
$37,542,000 shall remain available until expended: Provided, That of
such amounts that are available until expended, $3,224,000 shall be for
necessary expenses of the Advanced Research Projects Agency--
Infrastructure (ARPA-I) as authorized by section 119 of title 49,
United States Code: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further, That any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $800,000,000, to remain available until expended: Provided, That
section 6702(f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That of amounts made available under this heading in this Act,
not less than $20,000,000 shall be awarded to projects in historically
disadvantaged communities or areas of persistent poverty as defined
under section 6702(a)(1) of title 49, United States Code: Provided
further, That section 6702(g) of title 49, United States Code, shall
not apply to amounts made available under this heading in this Act:
Provided further, That of the amounts made available under this heading
in this Act not less than 5 percent shall be made available for the
planning, preparation, or design of eligible projects: Provided
further, That grants awarded under this heading in this Act for
eligible projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further,
That section 6702(c)(2)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading in this Act:
Provided further, That a grant award under this heading in this Act
shall be not greater than $45,000,000: Provided further, That section
6702(c)(3) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act: Provided further, That
not more than 15 percent of the amounts made available under this
heading in this Act may be awarded to projects in a single State:
Provided further, That for amounts made available under this heading in
this Act, the Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall financing
package: Provided further, That section 6702(f)(1) of title 49, United
States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That of the amounts awarded
under this heading in this Act, not more than 50 percent shall be
allocated for eligible projects located in rural areas and not more
than 50 percent shall be allocated for eligible projects located in
urbanized areas: Provided further, That for the purpose of determining
if an award for planning, preparation, or design under this heading in
this Act is an urban award, the project location is the location of the
project being planned, prepared, or designed: Provided further, That
the Secretary may retain up to 2 percent of the amounts made available
under this heading in this Act, and may transfer portions of such
amounts to the Administrators of the Federal Aviation Administration,
the Federal Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration and the Maritime Administration to
fund the award and oversight of grants and credit assistance made under
the program authorized under section 6702 of title 49, United States
Code: Provided further, That for amounts made available under this
heading in this Act, the Secretary shall consider and award projects
based solely on the selection criteria as identified under section
6702(d)(3) and (d)(4) of title 49, United States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2025: Provided,
That the Secretary of Transportation shall make such amounts available
for technical assistance and cooperative agreements to develop and
implement technical assistance, planning, and capacity building to
improve and foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter into
cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, State or local governments and
their agencies, Indian Tribes, or other technical assistance providers,
to provide such technical assistance, planning, and capacity building
to State, local, or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or other
political subdivisions of State or local governments: Provided
further, That to be eligible for a cooperative agreement under this
heading, a recipient shall provide assistance to entities described in
the preceding proviso on engaging in public planning processes with
residents, local businesses, non-profit organizations, and to the
extent practicable, philanthropic organizations, educational
institutions, or other community stakeholders: Provided further, That
such cooperative agreements shall facilitate the planning and
development of transportation and community revitalization activities
supported by the Department of Transportation under titles 23, 46, and
49, United States Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve or expand jobs, improve housing
conditions, enhance connections to health care, education, and food
security, or improve health outcomes: Provided further, That the
Secretary may prioritize assistance provided with amounts made
available under this heading to communities that have disproportionate
rates of pollution and poor air quality, communities experiencing
disproportionate effects (as defined by Executive Order No. 12898),
areas of persistent poverty as defined in section 6702(a)(1) of title
49, United States Code, or historically disadvantaged communities:
Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available under
this heading to entities described in the second proviso under this
heading that request assistance through the thriving communities
program: Provided further, That planning and technical assistance made
available under this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary may retain amounts made
available under this heading for the necessary administrative expenses
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the
second proviso under this heading with applications for financial
assistance programs under titles 23, 46, and 49, United States Code,
and (2) award, administration, and oversight of cooperative agreements
to carry out the provisions under this heading: Provided further, That
such amounts and payments as may be necessary to carry out the thriving
communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations not later than 3 business days prior to a
transfer carried out under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $8,850,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2024.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $48,100,000, to remain
available until September 30, 2024.
office of civil rights
For necessary expenses of the Office of Civil Rights, $14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $36,543,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $12,914,000 shall be made
available for the purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $505,285,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58: Provided
further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may
be levied against any program, budget activity, subactivity, or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,132,000, to remain available
until September 30, 2024: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $354,827,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2023, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, and the subsidy cap established by
section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, shall not apply to maintain eligibility under
section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescission and transfer of funds)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2023 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2023 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from Departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 108. For an additional amount for necessary expenses of the
Volpe National Transportation Systems Center, as authorized in section
328 of title 49, United States Code, $4,500,000, to remain available
until expended.
Sec. 109. (a) The remaining unobligated balances, as of September
30, 2023, from amounts made available in section 157(a) of the
Continuing Appropriations Act, 2023 (division A of Public Law 117-180)
are hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2023, to remain available until September
30, 2024, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2020
national infrastructure investments program, in addition to other funds
as may be available for such purposes.
(b) The remaining unobligated balances, as of September 30, 2023,
from amounts made available in section 157(b) of the Continuing
Appropriations Act, 2023 (division A of Public Law 117-180) are hereby
permanently rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated on September
30, 2023, to remain available until September 30, 2024, and shall be
available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2019 national infrastructure
investments program, in addition to other funds as may be available for
such purposes.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act or in Public Law 117-103 for the costs of
award, administration, or oversight of financial assistance under the
programs identified in subsection (c) may be transferred to the account
identified in section 801 of division J of Public Law 117-58, to remain
available until expended, for the necessary expenses of award,
administration, or oversight of any financial assistance programs in
the Department of Transportation.
(b) Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
(c) The program from which funds made available under this Act or
in Public Law 117-103 may be transferred under subsection (a) is the
local and regional project assistance program under section 6702 of
title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading
``National Infrastructure Investments'', not less than $1,000,000 and
not greater than $25,000,000 shall be available to complete port
infrastructure projects that received awards from the national
infrastructure investments program under title I of division G of the
Consolidated Appropriations Act, 2019 (Public Law 116-6) or rail
infrastructure projects that received awards from the national
infrastructure investments program under title I of division L of the
Consolidated Appropriations Act, 2018 (Public Law 115-141): Provided,
That an award funded under this section may allow the total award to a
recipient to be greater than $25,000,000: Provided further, That
sponsors of projects eligible for funds made available under this
section shall provide sufficient written justification describing, at a
minimum, the current project cost estimate, why the project cannot be
completed with the obligated grant amount, and any other relevant
information, as determined by the Secretary: Provided further, That
the allocation under the preceding proviso will be for the amounts
necessary to cover increases to eligible project costs since the grant
was obligated, based on the information provided: Provided further,
That section 200.204 of title 2, Code of Federal Regulations, shall not
apply to amounts made available under this section: Provided further,
That the amounts made available under this section shall not be part of
the Federal share of total project costs and shall be up to 100
percent: Provided further, That section 6702(c)(3) of title 49, United
States Code, shall not apply to amounts made available under this
section: Provided further, That section 6702(f) of title 49, United
States Code, shall not apply to amounts made available under this
section: Provided further, That of amounts made available under this
section, the Secretary may award to rail infrastructure projects only
amounts that the Secretary determines are not needed to complete port
infrastructure projects.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,915,000,000, to remain available until September
30, 2024, of which $9,993,821,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,630,794,000 shall be available for
aviation safety activities;
(2) $8,812,537,000 shall be available for air traffic
organization activities;
(3) $37,854,000 shall be available for commercial space
transportation activities;
(4) $918,049,000 shall be available for finance and management
activities;
(5) $65,581,000 shall be available for NextGen and operations
planning activities;
(6) $152,509,000 shall be available for security and hazardous
materials safety activities; and
(7) $297,676,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $187,800,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,945,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$2,221,200,000 shall remain available until September 30, 2025, and
$153,800,000 is for terminal facilities and shall remain available
until September 30, 2027: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2024 through 2028, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided further,
That section 405 of this Act shall apply to amounts made available
under this heading in title VIII of the Infrastructure Investments and
Jobs Appropriations Act (division J of Public Law 117-58): Provided
further, That the amounts in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2023'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act)
shall be the baseline for application of reprogramming and transfer
authorities for the current fiscal year pursuant to paragraph (7) of
such section 405 for amounts referred to in the preceding proviso:
Provided further, That, notwithstanding paragraphs (5) and (6) of such
section 405, unless prior approval is received from the House and
Senate Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the table
referred to in the preceding proviso may be transferred to any other
funding level specified for projects and activities in such table and
no transfer of such funding levels may increase or decrease any funding
level in such table by more than 10 percent: Provided further, That of
the amounts made available under this heading for terminal facilities,
$45,000,000 shall be made available for the purposes, and in amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $255,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2025: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2023, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the Airport
Cooperative Research Program, $40,828,000 shall be available for
Airport Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office
of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $558,555,000, to remain available
through September 30, 2025: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the sums
appropriated under this heading--
(1) $283,555,000 shall be made available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(2) up to $275,000,000 shall be made available to the Secretary
to distribute as discretionary grants to airports, of which not
less than $25,000,000 shall be made available to any commercial
service airport, notwithstanding the requirement for the airport to
be located in an air quality nonattainment or maintenance area in
section 47102(3)(K) and 47102(3)(L) of title 49, United States
Code, for work necessary to construct or modify airport facilities
to provide low-emission fuel systems, gate electrification, other
related air quality improvements, acquisition of airport-owned
vehicles or ground support equipment with low-emission technology:
Provided further, That the Secretary may make discretionary grants to
primary airports for airport-owned infrastructure required for the on-
airport distribution, blending, or storage of sustainable aviation
fuels that achieve at least a 50 percent reduction in lifecycle
greenhouse gas emissions, using a methodology determined by the
Secretary, including, but not limited to, on-airport construction or
expansion of pipelines, rail lines and spurs, loading and off-loading
facilities, blending facilities, and storage tanks: Provided further,
That the Secretary may make discretionary grants for airport
development improvements of primary runways, taxiways, and aprons
necessary at a nonhub, small hub, medium hub, or large hub airport to
increase operational resilience for the purpose of resuming commercial
service flight operations following an earthquake, flooding, high
water, hurricane, storm surge, tidal wave, tornado, tsunami, wind
driven water, or winter storms: Provided further, That the amounts
made available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.5 percent of the
amounts made available under this heading to fund the award and
oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2023.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the FAA
under section 44502(e) of title 49, United States Code, was purchased
by the transferor airport--
(1) during the period of time beginning on October 5, 2018 and
ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports located
in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $473,535,991 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $58,764,510,674 for fiscal year 2023:
Provided, That the limitation on obligations under this heading shall
only apply to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise specified in
law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$59,503,510,674 shall be derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $3,417,811,613:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2023 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; (3) the nationally
significant Federal lands and Tribal projects program under section
1123 of the FAST Act, as amended (23 U.S.C. 201 note); (4) the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.); or (5) the Denali
Commission, and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That, except for funds
made available under this heading for the Northern Border Regional
Commission and the Denali Commission, section 11101(e) of Public Law
117-58 shall apply to funds made available under this heading:
Provided further, That unless otherwise specified, amounts made
available under this heading shall be available until September 30,
2026, and shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs set forth
in any Act making annual appropriations: Provided further, That of the
sums appropriated under this heading--
(1) $1,862,811,613 shall be for the purposes, and in the
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That,
except as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That funds made available under this paragraph
that are used for Tribal projects shall be administered as if
allocated under chapter 2 of title 23, United States Code, except
that the set-asides described in subparagraph (C) of section
202(b)(3) of title 23, United States Code, and subsections (a)(6),
(c), and (e) of section 202 of such title, and section 1123(h)(1)
of MAP-21 (as amended by Public Law 117-58), shall not apply to
such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System, as
authorized under section 1069(y) of Public Law 102-240: Provided,
That for the purposes of funds made available under this paragraph,
the term ``Appalachian State'' means a State that contains 1 or
more counties (including any political subdivision located within
the area) in the Appalachian region as defined in section 14102(a)
of title 40, United States Code: Provided further, That funds made
available under this heading for construction of the Appalachian
Development Highway System shall remain available until expended:
Provided further, That, except as provided in the following
proviso, funds made available under this heading for construction
of the Appalachian Development Highway System shall be administered
as if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the Appalachian
Development Highway System shall be carried out in the same manner
as a project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso, funds made
available under this heading for construction of the Appalachian
Development Highway System shall be apportioned to Appalachian
States according to the percentages derived from the 2012
Appalachian Development Highway System Cost-to-Complete Estimate,
adopted in Appalachian Regional Commission Resolution Number 736,
and confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian Development
Highway System, adjusted to exclude those corridors that such
States have no current plans to complete, as reported in the 2013
Appalachian Development Highway System Completion Report, unless
those States have modified and assigned a higher priority for
completion of an Appalachian Development Highway System corridor,
as reported in the 2020 Appalachian Development Highway System
Future Outlook: Provided further, That the Secretary shall adjust
apportionments made under the preceding proviso so that no
Appalachian State shall be apportioned an amount in excess of 30
percent of the amount made available for construction of the
Appalachian Development Highway System under this heading:
Provided further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under the
preceding two provisos: Provided further, That the Federal share
of the costs for which an expenditure is made for construction of
the Appalachian Development Highway System under this heading shall
be up to 100 percent;
(3) $40,000,000 shall be for the nationally significant Federal
lands and Tribal projects program under section 1123 of the FAST
Act (23 U.S.C. 201 note), of which not less than $20,000,000 shall
be for competitive grants to tribal governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441 of
the FAST Act (23 U.S.C. 601 note): Provided, That for funds made
available under this paragraph, the Federal share of the costs
shall be, at the option of the recipient, up to 100 percent;
(5) $20,000,000 shall be for the national scenic byways program
under section 162 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code;
(6) $45,000,000 shall be for the active transportation
infrastructure investment program under section 11529 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):
Provided, That except as otherwise provided under such section or
this heading, the funds made available under this paragraph shall
be administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made available
under this paragraph shall remain available until expended;
(7) $3,000,000 shall be to carry out the Pollinator-Friendly
Practices on Roadsides and Highway Rights-of-Way Program under
section 332 of title 23, United States Code;
(8) $5,000,000 shall be for a cooperative series of agreements
with universities, Federal agencies, the National Academy of
Sciences, transportation agencies, or nonprofit organizations, to
examine the impacts of culverts, roads, and bridges on threatened
or endangered salmon populations: Provided, That, for funds made
available under this paragraph, the Federal share of the costs of
an activity carried out with such funds shall be 80 percent:
Provided further, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if authorized under chapter 5 of title 23, United
States Code;
(9) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of funds
made available under this paragraph, the term ``State'' means any
of the 50 States or the District of Columbia and the term
``qualifying State'' means any State in which the percentage of
total deck area of bridges classified as in poor condition in such
State is at least 5 percent or in which the percentage of total
bridges classified as in poor condition in such State is at least 5
percent: Provided further, That, of the funds made available under
this paragraph, the Secretary shall reserve $6,000,000 for each
State that does not meet the definition of a qualifying State:
Provided further, That, after making the reservations under the
preceding proviso, the Secretary shall distribute the remaining
funds made available under this paragraph to each qualifying State
by the proportion that the percentage of total deck area of bridges
classified as in poor condition in such qualifying State bears to
the sum of the percentages of total deck area of bridges classified
as in poor condition in all qualifying States: Provided further,
That, of the funds made available under this paragraph--
(A) no qualifying State shall receive more than
$60,000,000;
(B) each State shall receive an amount not less than
$6,000,000; and
(C) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $60,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further, That
for purposes of this paragraph, the Secretary shall calculate the
percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor condition) and
the percentages of total bridge counts (including the percentages
of total bridges classified as in poor condition) based on the
National Bridge Inventory as of December 31, 2018: Provided
further, That, except as otherwise provided under this heading, the
funds made available under this paragraph shall be administered as
if apportioned under chapter 1 of title 23, United States Code;
(10) $15,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants, in
addition to amounts otherwise made available to the Northern Border
Regional Commission for such purpose, to carry out pilot projects
that demonstrate the capabilities of wood-based infrastructure
projects: Provided, That a grant made with funds made available
under this paragraph shall be administered in the same manner as a
grant made under subtitle V of title 40, United States Code;
(11) $150,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4) of title 23, United
States Code, of which $125,000,000 shall be for such activities
eligible under subparagraph (A) of such section, and of which
$25,000,000 shall be for such activities eligible under
subparagraph (C) of such section: Provided, That, except as
otherwise provided under this heading, the funds made available
under this paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further, That,
except as otherwise provided under this heading, funds made
available under this paragraph shall be administered as if made
available to carry out section 176(d) of such title: Provided
further, That, for purposes of the calculation under section
176(d)(5)(G)(ii) of such title, amounts made available under this
paragraph shall be included in the calculation of the total amount
provided for fiscal year 2023 under section 176(d) of such title:
Provided further, That for purposes of applying the set-asides
under section 176(d)(5)(H)(ii) and (iii) of such title, amounts
made available under this paragraph for competitive awards for
activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of
such title shall be included in the calculation of the amounts made
available to carry out section 176(d) of such title for fiscal year
2023: Provided further, That, the Secretary may retain not more
than a total of 5 percent of the amounts made available under this
paragraph to carry out this paragraph and to review applications
for grants under this paragraph, and may transfer portions of the
funds retained under this proviso to the relevant Administrators to
fund the award and oversight of grants provided under this
paragraph: Provided further, That a project assisted with funds
made available under this paragraph shall be treated as a project
on a Federal-aid highway;
(12) $5,000,000 shall be transferred to the Denali Commission
for activities eligible under section 307(e) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277):
Provided, That funds made available under this paragraph shall not
be subject to section 311 of such Act: Provided further, That
except as otherwise provided under section 307(e) of such Act or
this heading, funds made available under this paragraph shall be
administered as if directly appropriated to the Denali Commission
and subject to applicable provisions of such Act, including the
requirement in section 307(e) of such Act that the local community
provides a 10 percent non-Federal match in the form of any
necessary land or planning and design funds: Provided further,
That such funds shall be available until expended: Provided
further, That the Federal share of the costs for which an
expenditure is made with funds transferred under this paragraph
shall be up to 90 percent; and
(13) $15,000,000 shall be transferred to the Denali Commission
to carry out the Denali Access System Program under section 309 of
the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277): Provided, That a transfer under this paragraph shall not
be subject to section 311 of such Act: Provided further, That
except as otherwise provided under this heading, funds made
available under this paragraph shall be administered as if directly
appropriated to the Denali Commission and subject to applicable
provisions of such Act: Provided further, That funds made
available under this paragraph shall not be subject to section
309(j)(2) of such Act: Provided further, That funds made available
under this paragraph shall be available until expended: Provided
further, That the Federal share of the costs for which an
expenditure is made with funds transferred under this paragraph
shall be up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under authorized Federal-aid highway and highway safety
construction programs, or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2023, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV
of the Standing Rules of the Senate, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
current fiscal year, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $367,500,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $367,500,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2023, of which $14,073,000, to remain
available for obligation until September 30, 2025, is for the research
and technology program, and of which not less than $63,098,000, to
remain available for obligation until September 30, 2025, is for
development, modernization, enhancement, and continued operation and
maintenance of information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $506,150,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $506,150,000 in fiscal
year 2023 for ``Motor Carrier Safety Grants'': Provided further, That
of the amounts made available under this heading--
(1) $398,500,000, to remain available for obligation until
September 30, 2024, shall be for the motor carrier safety
assistance program;
(2) $42,650,000, to remain available for obligation until
September 30, 2024, shall be for the commercial driver's license
program implementation program;
(3) $58,800,000, to remain available for obligation until
September 30, 2024, shall be for the high priority program;
(4) $1,200,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety, authorized under chapter
301 and part C of subtitle VI of title 49, United States Code,
$210,000,000, to remain available through September 30, 2024.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $197,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2023, are in excess of $197,000,000: Provided further, That of the
sums appropriated under this heading--
(1) $190,000,000 shall be for programs authorized under section
403 of title 23, United States Code, including behavioral research
on Automated Driving Systems and Advanced Driver Assistance Systems
and improving consumer responses to safety recalls, and section
25024 of the Infrastructure Investment and Jobs Act (Public Law
117-58); and
(2) $7,000,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $197,000,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2024, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2023 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $795,220,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2023 are in excess of $795,220,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $370,900,000 shall be for ``Highway Safety Programs'' under
section 402 of title 23, United States Code;
(2) $346,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $38,300,000 shall be for the ``High Visibility Enforcement
Program'' under section 404 of title 23, United States Code; and
(4) $39,520,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under section
405 of title 23, United States Code, for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision under section
405(a)(8) of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Sec. 143. Section 24220 of the Infrastructure Investment and Jobs
Act (Public Law 117-58) is amended by adding at the end the following:
``(f) Short Title.--This section may be cited as the `Honoring the
Abbas Family Legacy to Terminate Drunk Driving Act'.''.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $250,449,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$44,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership for
Intercity Passenger Rail grants as authorized by section 24911 of title
49, United States Code, $100,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amounts made available under this heading in this Act for the costs
of award and project management oversight of grants carried out under
title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $535,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) not less than $150,000,000 shall be for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects eligible
under section 22907(c)(11) of title 49, United States Code:
Provided, That for amounts made available in this paragraph, the
Secretary shall give preference to projects that are located in
counties with the most pedestrian trespasser casualties;
(3) $5,000,000 shall be for preconstruction planning activities
and capital costs related to the deployment of magnetic levitation
transportation projects;
(4) $30,426,000 shall be made available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
requirements under subsections (g) and (l) of section 22907 of
title 49, United States Code, shall not apply to this paragraph:
Provided further, That any remaining funds available after the
distribution of the Community Project Funding/Congressionally
Directed Spending described in this paragraph shall be available to
the Secretary to distribute as discretionary grants under this
heading; and
(5) not less than $5,000,000 shall be available for workforce
development and training activities as authorized under section
22907(c)(13) of title 49, United States Code:
Provided further, That for amounts made available under this heading
in this Act, eligible projects under section 22907(c)(8) of title 49,
United States Code, shall also include railroad systems planning
(including the preparation of regional intercity passenger rail plans
and State Rail Plans) and railroad project development activities
(including railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the development and
analysis of project alternatives): Provided further, That section
22905(f) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made available
under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those terms
are defined in section 20102 of title 49, United States Code):
Provided further, That section 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That section 22907(e)(1)(A) of
title 49, United States Code, shall not apply to amounts made available
under this heading in previous fiscal years if such funds are announced
in a notice of funding opportunity that includes funds made available
under this heading in this Act: Provided further, That the preceding
proviso shall not apply to funds made available under this heading in
the Infrastructure Investment and Jobs Act (division J of Public Law
117-58): Provided further, That unobligated balances remaining after 6
years from the date of enactment of this Act may be used for any
eligible project under section 22907(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to 2
percent of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,260,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary may retain up to an additional $5,000,000 of
the amounts made available under this heading in this Act to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,193,000,000, to remain available until expended: Provided,
That the Secretary may retain up to an additional $3,000,000 of the
funds provided under this heading in this Act to fund expenses
associated with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided further, That
at least $50,000,000 of the amount provided under this heading in this
Act shall be available for the development, installation and operation
of railroad safety improvements, including the implementation of a
positive train control system, on State-supported routes as defined
under section 24102(13) of title 49, United States Code, on which
positive train control systems are not required by law or regulation as
identified on or before the date of enactment of this Act: Provided
further, That any unexpended balances from amounts provided under this
heading in this Act and in prior fiscal years for the development,
installation and operation of railroad safety technology on State-
supported routes on which positive train control systems are not
required by law or regulation shall also be available for railroad
safety improvements on State-supported routes as identified on or
before the date of enactment of Public Law 117-103: Provided further,
That none of the funds provided under this heading in this Act shall be
used by Amtrak to give notice under subsection (a) or (c) of section
24706 of title 49, United States Code, with respect to long-distance
routes (as defined in section 24102 of title 49, United States Code) on
which Amtrak is the sole operator on a host railroad's line and a
positive train control system is not required by law or regulation, or,
except in an emergency or during maintenance or construction outages
impacting such routes, to otherwise discontinue, reduce the frequency
of, suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service: Provided further,
That the National Railroad Passenger Corporation may use up to
$66,000,000 of the amounts made available under this heading in this
Act to support planning and capital costs, and operating assistance
consistent with the Federal funding limitations under section 22908 of
title 49, United States Code, of corridors selected under section 25101
of title 49, United States Code, that are operated by the National
Railroad Passenger Corporation.
administrative provisions--federal railroad administration
(including rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 151. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 152. Amounts made available under the heading ``Department of
Transportation--Federal Railroad Administration--Restoration and
Enhancement'' in any prior fiscal years are subject to the requirements
of section 22908 of title 49, United States Code, as in effect on the
effective date of the Infrastructure Investment and Jobs Act (Public
Law 117-58).
Sec. 153. Section 802 of title VIII of division J of Public Law
117-58 is amended--
(1) in the first proviso, by inserting ``that could be'' after
``amounts''; and
(2) in the second proviso, by inserting ``that could be'' after
``amounts'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Rail Line Relocation and Improvement Program'' account
totaling $1,811,124.16 appropriated by Public Law 112-10 is hereby
permanently rescinded; and
(2) ``Railroad Safety Grants'' account totaling $1,610,000.00
appropriated by Public Law 114-113 is hereby permanently rescinded.
Sec. 155. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2022 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2022 and for the
3 prior calendar years.
Sec. 156. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 157. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in 40
States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should be
sustained to ensure connectivity throughout the National Network
(as defined in section 24102 of title 49, United States Code).
Sec. 158. State-supported routes operated by Amtrak. Section
24712(a) of title 49, United States Code, is hereby amended by
inserting after section 24712(a)(7) the following--
``(8) Staffing.--The Committee may--
``(A) appoint, terminate, and fix the compensation of an
executive director and other Committee employees necessary for
the Committee to carry out its duties; and
``(B) enter into contracts necessary to carry out its
duties, including providing Committee employees with retirement
and other employee benefits under the condition that Non-
Federal members or officers, the executive director, and
employees of the Committee are not Federal employees for any
purpose.
``(9) Authorization of appropriations.--Amounts made available
by the Secretary of Transportation for the Committee may be used to
carry out this section.''.
Sec. 159. For an additional amount for ``Consolidated Rail
Infrastructure and Safety Improvements'', $25,000,000, to remain
available until expended, for projects selected in response to the
Notice of Funding Opportunity published by the Federal Railroad
Administration on August 19, 2019 (84 FR 42979), and where a grant for
the project was obligated after June 1, 2021 and remains open:
Provided, That sponsors of projects eligible for funds made available
under this heading in this section shall provide sufficient written
justification describing, at a minimum, the current project cost
estimate, why the project cannot be completed with the obligated grant
amount, and any other relevant information, as determined by the
Secretary: Provided further, That funds made available under this
section shall be allocated to projects eligible to receive funding
under this section in order of the date the grants were obligated:
Provided further, That the allocation under the preceding proviso will
be for the amounts necessary to cover increases to eligible project
costs since the grant was obligated, based on the information provided:
Provided further, That the amounts made available under this section
shall not be part of the Federal share of total project costs under
section 22907(h)(2) of title 49, United States Code: Provided further,
That the Federal Railroad Administration shall provide the amounts
allocated to projects under this section no later than 90 days after
the date the sufficient written justifications required under this
section have been submitted.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, as amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $13,634,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337,
5339, and 5340, as amended by the Infrastructure Investment and Jobs
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $13,634,000,000 in fiscal year 2023.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339(b) of title 49, United States Code, low or no emission
grants under section 5339(c) of such title, ferry boats grants under
section 5307(h) of such title, bus testing facilities under section
5318 of such title, innovative mobility solutions grants under section
5312 of such title, accelerating innovative mobility initiative grants
under section 5312 of such title, accelerating the adoption of zero
emission buses under section 5312 of such title, Community Project
Funding/Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service for rural
communities under section 71103 of division G of Public Law 117-58,
$541,959,324, to remain available until expended: Provided, That of
the sums provided under this heading in this Act--
(1) $90,000,000 shall be available for buses and bus facilities
competitive grants as authorized under section 5339(b) of such
title;
(2) $50,000,000 shall be available for the low or no emission
grants as authorized under section 5339(c) of such title:
Provided, That the minimum grant award shall be not less than
$750,000;
(3) $15,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That of
the amounts provided under this paragraph, no less than $5,000,000
shall be available for low or zero emission ferries or ferries
using electric battery or fuel cell components and the
infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(5) $360,459,324 shall be available for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
unless otherwise specified, applicable requirements under chapter
53 of title 49, United States Code, shall apply to amounts made
available in this paragraph, except that the Federal share of the
costs for a project in this paragraph shall be in an amount equal
to 80 percent of the net costs of the project, unless the Secretary
approves a higher maximum Federal share of the net costs of the
project consistent with administration of similar projects funded
under chapter 53 of title 49, United States Code;
(6) $17,500,000 shall be available for ferry service for rural
communities under section 71103 of division G of Public Law 117-58:
Provided, That for amounts made available in this paragraph,
notwithstanding section 71103(a)(2)(B), eligible service shall
include passenger ferry service that serves at least two rural
areas with a single segment over 20 miles between the two rural
areas and is not otherwise eligible under section 5307(h) of title
49, United States Code: Provided further, That entities that
provide eligible service pursuant to the preceding proviso may use
amounts made available in this paragraph for public transportation
capital projects to support any ferry service between two rural
areas: Provided further, That entities eligible for amounts made
available in this paragraph shall only provide ferry service to
rural areas;
(7) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of title 49, United States Code: Provided, That such
amounts shall be available for competitive grants or cooperative
agreements for the development of software to facilitate the
provision of demand-response public transportation service that
dispatches public transportation fleet vehicles through riders
mobile devices or other advanced means: Provided further, That the
Secretary shall evaluate the potential for software developed with
grants or cooperative agreements to be shared for use by public
transportation agencies;
(8) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title 49,
United States Code: Provided, That such amounts shall be available
for competitive grants to improve mobility and enhance the rider
experience with a focus on innovative service delivery models,
creative financing, novel partnerships, and integrated payment
solutions in order to help disseminate proven innovation mobility
practices throughout the public transportation industry; and
(9) $5,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities or
projects to accelerate the adoption of zero emission buses in
public transit as authorized under section 5312 of title 49, United
States Code:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30,
2024: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $2,210,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading
in this Act--
(1) $1,772,900,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code;
(2) $100,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $215,000,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the Expedited Project Delivery for Capital
Investment Grants Pilot Program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b): Provided further, That upon submission to the
Congress of the fiscal year 2024 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on capital
investment grants, including proposed allocations for fiscal year 2024.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act not obligated by September 30, 2026, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2022, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. For an additional amount for ``Department of
Transportation--Federal Transit Administration--Capital Investment
Grants'', $425,000,000, to remain available until expended, for
allocation to recipients with existing full funding grant agreements
under sections 5309(d) and 5309(e) of title 49, United States Code:
Provided, That allocations shall be made only to recipients--
(1) that have received allocations for fiscal year 2022 or that
have expended 100 percent of the funds allocated under section
3401(b)(4) of the American Rescue Plan Act of 2021 (Public Law 117-
2); and
(2) that have a non-capital investment grant share of at least
$800,000,000 and either a capital investment grant share of 40
percent or less or signed a full funding grant agreement between
January 20, 2017 and January 20, 2021; and
(3) that have expended at least 75 percent of the allocations
received under paragraph (4) of section 3401(b) of the American
Rescue Plan Act of 2021 (Public Law 117-2) or expended at least 50
percent of the Federal operating assistance allocations received
under section 5307 of title 49, United States Code, in the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (division M of Public Law 116-260), or the
American Rescue Plan Act of 2021 (Public Law 117-2):
Provided further, That recipients with projects open for revenue
service shall not be eligible to receive an allocation of funding under
this section: Provided further, That amounts shall be provided to
recipients proportionally based on the non-capital investment grant
share of the project: Provided further, That no project may receive an
allocation of more than 15 percent of the total amount in this section:
Provided further, That the Secretary shall proportionally distribute
funds in excess of such 15 percent to recipients for which the percent
of funds does not exceed 15 percent: Provided further, That amounts
allocated pursuant to this section shall be provided to eligible
recipients notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the project under
section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided
further, That the Federal Transit Administration shall allocate amounts
under this section no later than 30 days after the date of enactment of
this Act.
Sec. 166. (a) The remaining unobligated balances, as of September
30, 2023, from amounts made available to the Department of
Transportation in section 422 under title IV of division L of the
Consolidated Appropriations Act, 2022 (Public Law 117-103) are hereby
rescinded, and an amount of additional new budget authority equivalent
to the amount rescinded is hereby appropriated on September 30, 2023,
for an additional amount for fiscal year 2023, to remain available
until September 30, 2025, and shall be available for the same purposes
and under the same authorities for which such amounts were originally
provided in the Consolidated Appropriations Act, 2019 (Public Law 116-
6).
(b) The remaining unobligated balances, as of September 30, 2023,
from amounts made available to the Department of Transportation under
the heading ``Federal Transit Administration--Capital Investment
Grants'' in division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2023, for an additional amount for
fiscal year 2023, to remain available until September 30, 2025, and
shall be available for the same purposes and under the same authorities
for which such amounts were originally provided in Public Law 116-94.
Sec. 167. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be
used by the facilities selected for such vehicle component assessment
for capital projects in order to build new infrastructure and enhance
existing facilities in order to expand component testing capability, in
accordance with the industry stakeholder testing objectives and
capabilities as outlined through the work of the Federal Transit
Administration Transit Vehicle Innovation and Deployment Centers
program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $38,500,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$14,800,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended: Provided, That of
the unobligated balances from prior year appropriations available under
this heading, $55,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under section
53406 of title 46, United States Code, $60,000,000, to remain available
until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $213,181,000: Provided, That of the sums
appropriated under this heading--
(1) $87,848,000 shall remain available until September 30,
2024, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine Academy;
(4) $6,000,000 shall remain available until September 30, 2024,
for the Maritime Environmental and Technical Assistance program
authorized under section 50307 of title 46, United States Code; and
(5) $10,000,000 shall remain available until expended, for the
America's Marine Highway Program to make grants for the purposes
authorized under paragraphs (1) and (3) of section 55601(b) of
title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from prior year
recoveries shall be available to carry out activities authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $120,700,000: Provided, That
of the sums appropriated under this heading--
(1) $30,500,000 shall remain available until expended, for
maintenance, repair, life extension, insurance, and capacity
improvement of National Defense Reserve Fleet training ships, and
for support of training ship operations at the State Maritime
Academies, of which not more than $8,000,000 shall be for expenses
related to training mariners, and for costs associated with
training vessel sharing pursuant to section 51504(g)(3) of title
46, United States Code, for costs associated with mobilizing,
operating and demobilizing the vessel; travel costs for students,
faculty and crew; and the costs of the general agent, crew costs,
fuel, insurance, operational fees, and vessel hire costs, as
determined by the Secretary;
(2) $75,000,000 shall remain available until expended, for the
National Security Multi-Mission Vessel Program, including funds for
construction, planning, administration, and design of school ships
and, as determined by the Secretary, necessary expenses to design,
plan, construct infrastructure, and purchase equipment necessary to
berth such ships;
(3) $2,400,000 shall remain available until September 30, 2027,
for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30, 2024,
for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under paragraph (2) and
the funds provided for shoreside infrastructure improvements in Public
Law 117-103 for the purposes described in paragraph (2): Provided
further, That such funds may be used to reimburse State Maritime
Academies for costs incurred prior to the date of enactment of this
Act.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
(including rescission of funds)
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended: Provided, That of the
unobligated balances from prior year appropriations made available
under this heading, $12,000,000 are hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $212,203,512, to remain
available until expended: Provided, That projects eligible for amounts
made available under this heading in this Act shall be projects for
coastal seaports, inland river ports, or Great Lakes ports: Provided
further, That of the amounts made available under this heading in this
Act, not less than $187,203,512 shall be for coastal seaports or Great
Lakes ports: Provided further, That the requirements under section
3501(a)(12) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) shall apply to amounts made available under
this heading in this Act: Provided further, That for grants awarded
under this heading in this Act, the minimum grant size shall be
$1,000,000: Provided further, That for amounts made available under
this heading in this Act, the requirement under section
54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to
projects located in noncontiguous States or territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $29,936,000, of which $4,500,000 shall
remain available until September 30, 2025.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $70,743,000, of which $12,070,000 shall remain
available until September 30, 2025, of which $1,000,000 shall be made
available for carrying out section 5107(i) of title 49, United States
Code: Provided, That up to $800,000 in fees collected under section
5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $190,385,000, to remain available
until September 30, 2025, of which $29,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $153,985,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $7,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (``OTAs'') shall require written
notification to the House and Senate Committees on Appropriations not
less than 3 full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the Secretary
shall transmit to the House and Senate Committees on Appropriations the
report on pipeline safety testing enhancement as required pursuant to
section 105 of the Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts made
available under this heading to engineer, erect, alter, and repair
buildings or make any other public improvements for research facilities
at the Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso to the
House and Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and Senate
Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2025, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$108,073,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of Public Law 117-58 to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, letter of intent, federally funded cooperative agreement, full
funding grant agreement, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding
grant agreement is announced by the Department or its operating
administrations: Provided, That the Secretary of Transportation shall
provide the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines of credit,
letters of intent, federally funded cooperative agreements, full
funding grant agreements, and discretionary grants prior to the
notification required under the preceding proviso: Provided further,
That the Secretary gives concurrent notification to the House and
Senate Committees on Appropriations for any ``quick release'' of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool
of readily available but unemployed individuals possessing the
knowledge, skill, and ability to perform the work that the contract
requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy such
hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $18,500,000, to
remain available until September 30, 2024: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $659,600,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $90,000,000 shall be available for the Office of the Chief
Financial Officer;
(2) $125,000,000 shall be available for the Office of the
General Counsel, of which not less than $20,300,000 shall be for
the Departmental Enforcement Center;
(3) $225,000,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $51,500,000 shall be available for the Office of the Chief
Human Capital Officer;
(5) $28,000,000 shall be available for the Office of the Chief
Procurement Officer;
(6) $65,500,000 shall be available for the Office of Field
Policy and Management;
(7) $4,600,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the Chief
Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$1,054,300,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $278,200,000 shall be available for the Office of Public
and Indian Housing;
(2) $163,400,000 shall be available for the Office of Community
Planning and Development;
(3) $465,000,000 shall be available for the Office of Housing,
of which not less than $13,300,000 shall be for the Office of
Recapitalization;
(4) $39,600,000 shall be available for the Office of Policy
Development and Research;
(5) $97,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,100,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $23,599,532,000, to remain available until
expended, which shall be available on October 1, 2022 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2022), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2023:
Provided, That of the sums appropriated under this heading--
(1) $23,748,420,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2023 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph may
be used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units under
contract, except for public housing agencies participating in the
Moving to Work (MTW) demonstration, which are instead governed in
accordance with the requirements of the MTW demonstration program
or their MTW agreements, if any: Provided further, That the
Secretary shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2023: Provided further, That the
Secretary may extend the notification period with the prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further, That
the Secretary may offset public housing agencies' calendar year
2023 allocations based on the excess amounts of public housing
agencies' net restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS data in calendar year
2022 that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to the
offset, as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2023 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the preceding two provisos throughout the
calendar year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $200,000,000
shall be available only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for a
funding obligation not yet expended in the previous calendar
year for a MTW-eligible activity to develop affordable housing
for an agency added to the MTW demonstration under the
expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2016 (division L of Public Law
114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of
their authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts under
the preceding proviso based on need, as determined by the
Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section 8,
relocation of witnesses (including victims of violent crimes) in
connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or prosecution
agency, enhanced vouchers under any provision of law authorizing
such assistance under section 8(t) of the Act, Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing in
section 202 properties financed between 1959 and 1974 that are
refinanced pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a public
housing development is submitted for demolition or disposition
under section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made available
under this paragraph for units assisted under a project-based
subsidy contract funded under the ``Project-Based Rental
Assistance'' heading under this title where the owner has received
a Notice of Default and the units pose an imminent health and
safety risk to residents: Provided further, That of the amounts
made available under this paragraph, no less than $5,000,000 may be
available to provide tenant protection assistance, not otherwise
provided under this paragraph, to residents residing in low vacancy
areas and who may have to pay rents greater than 30 percent of
household income, as the result of: (A) the maturity of a HUD-
insured, HUD-held or section 202 loan that requires the permission
of the Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not eligible
for enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by the
Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
provided under the authority of section 8(t) or section 8(o)(13) of
the Act: Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be reissued
by any public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family that
received any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such voucher
shall cease to exist: Provided further, That the Secretary may
only provide replacement vouchers for units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds;
(3) $2,777,612,000 shall be available for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section 8
tenant protection rental assistance, the administration of disaster
related vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than $2,747,612,000
of the amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2023 funding cycle
based on section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the preceding proviso, utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject to
the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $606,500,000 shall be available for the renewal of tenant-
based assistance contracts under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
including necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies in
administering the special purpose vouchers in this paragraph shall
be funded under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading: Provided further, That up to $10,000,000 shall be
available only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the rental
assistance for Mainstream families as a result of insufficient
funding:
Provided further, That the Secretary shall allocate amounts under
the preceding proviso based on need, as determined by the
Secretary: Provided further, That upon turnover, section 811
special purpose vouchers funded under this heading in this or prior
Acts, or under any other heading in prior Acts, shall be provided
to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on or
near a reservation or other Indian areas: Provided, That such
amount shall be made available for renewal grants to recipients
that received assistance under prior Acts under the Tribal HUD-VASH
program: Provided further, That the Secretary shall be authorized
to specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients: Provided
further, That such assistance shall be administered in accordance
with program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after the
HUD-VASH program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for any
provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery
and administration of such assistance: Provided further, That
grant recipients shall report to the Secretary on utilization of
such rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate, as
determined by the Secretary, amounts returned or recaptured from
awards under the Tribal HUD-VASH program under prior Acts to
existing recipients under the Tribal HUD-VASH program;
(6) $50,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans Affairs
as authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers or
other entities as designated by the Secretary of the Department of
Veterans Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans Affairs,
public housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for (in
consultation with the Secretary of the Department of Veterans
Affairs), any provision of any statute or regulation that the
Secretary of Housing and Urban Development administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over: Provided
further, That of the total amount made available under this
paragraph, up to $10,000,000 may be for additional fees established
by and allocated pursuant to a method determined by the Secretary
for administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
security deposit assistance and costs related to the retention and
support of participating owners) of public housing agencies in
administering HUD-VASH vouchers;
(7) $30,000,000 shall be available for the family unification
program as authorized under section 8(x) of the Act: Provided,
That the amounts made available under this paragraph are provided
as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance: Provided, That the assistance made
available under this subparagraph shall continue to remain
available for family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by such
section 8(x)(2)(B) of the Act: Provided, That assistance made
available under this subparagraph shall continue to remain
available for such eligible youth upon turnover: Provided
further, That of the total amount made available under this
subparagraph, up to $15,000,000 shall be available on a
noncompetitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of the assistance made available under the
preceding proviso, at an interval to be determined by the
Secretary, and unutilized voucher assistance that is no longer
needed shall be recaptured by the Secretary and reallocated
pursuant to the preceding proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act under
the family unification program, or made available and competitively
selected under this paragraph, that determines that it no longer
has an identified need for such assistance upon turnover, such
agency shall notify the Secretary, and the Secretary shall
recapture such assistance from the agency and reallocate it to any
other public housing agency or agencies based on need for voucher
assistance in connection with such specified program or eligible
youth, as applicable;
(8) $50,000,000 shall be available for new incremental voucher
assistance under section 8(o) of the Act to be allocated pursuant
to a method, as determined by the Secretary, which may include a
formula that may include such factors as severe cost burden,
overcrowding, substandard housing for very low-income renters,
homelessness, and administrative capacity, where such allocation
method shall include both rural and urban areas: Provided, That
the Secretary may specify additional terms and conditions to ensure
that public housing agencies provide vouchers for use by survivors
of domestic violence, or individuals and families who are homeless,
as defined in section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), or at risk of homelessness, as
defined in section 401(1) of such Act (42 U.S.C. 11360(1)); and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2023 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2023 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,514,000,000, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $5,109,000,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2023 payments;
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to such
Operating Fund formula to public housing agencies that experience,
or are at risk of, financial shortfalls, as determined by the
Secretary: Provided, That after all such shortfall needs are met,
the Secretary may distribute any remaining funds to all public
housing agencies on a pro-rata basis pursuant to such Operating
Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section 905.400 of
title 24, Code of Federal Regulations: Provided, That for funds
provided under this paragraph, the limitation in section 9(g)(1) of
the Act shall be 25 percent: Provided further, That the Secretary
may waive the limitation in the preceding proviso to allow public
housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary shall
notify public housing agencies requesting waivers under the
preceding proviso if the request is approved or denied within 14
days of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2023 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula
allocation within 60 days of enactment of this Act;
(4) $50,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety and
security measures necessary to address crime and drug-related
activity, as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C.
5121 et seq.) occurring in fiscal year 2023, of which $20,000,000
shall be available for public housing agencies under administrative
and judicial receiverships or under the control of a Federal
monitor: Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all applications
received on or before September 30, 2024, for emergency capital
needs have been processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $65,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce residential health
hazards in public housing, including lead-based paint (by carrying
out the activities of risk assessments, abatement, and interim
controls, as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851b)), carbon monoxide, mold, radon, and fire safety:
Provided, That not less than $25,000,000 of the amounts provided
under this paragraph shall be awarded for evaluating and reducing
lead-based paint hazards: Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of the
Act for purposes of section 26 of the Act (42 U.S.C. 1437x) and
shall be subject to the regulations implementing such section:
Provided further, That amounts made available under this paragraph
shall be combined with amounts made available under the sixth
paragraph under this heading in the Consolidated Appropriations
Act, 2021 (Public Law 116-260) and shall be used in accordance with
the purposes and requirements under this paragraph;
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or substandard,
or otherwise at risk, as determined by the Secretary, for costs
associated with public housing asset improvement, in addition to
other amounts for that purpose provided under any heading under
this title; and
(7) $50,000,000 shall be available to support ongoing public
housing financial and physical assessment activities:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2023, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income neighborhoods with
appropriate services, schools, public assets, transportation, and
access to jobs, $350,000,000, to remain available until September 30,
2027: Provided, That grant funds may be used for resident and
community services, community development, and affordable housing needs
in the community, and for conversion of vacant or foreclosed properties
to affordable housing: Provided further, That not more than 20 percent
of the amount of any grant made with amounts made available under this
heading may be used for necessary supportive services notwithstanding
subsection (d)(1)(L) of such section 24: Provided further, That the
use of amounts made available under this heading shall not be deemed to
be for public housing, notwithstanding section 3(b)(1) of such Act:
Provided further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That grantees shall provide a match in State, local,
other Federal, or private funds: Provided further, That grantees may
include local governments, Tribal entities, public housing agencies,
and nonprofit organizations: Provided further, That for-profit
developers may apply jointly with a public entity: Provided further,
That for purposes of environmental review, a grantee shall be treated
as a public housing agency under section 26 of the United States
Housing Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the regulations issued
by the Secretary to implement such section: Provided further, That of
the amounts made available under this heading, not less than
$175,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations, including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That not more than $10,000,000 of the amounts made
available under this heading may be provided as grants to undertake
comprehensive local planning with input from residents and the
community: Provided further, That unobligated balances, including
recaptures, remaining from amounts made available under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall make grant
awards not later than 1 year after the date of enactment of this Act in
such amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2023,
obligate any available unobligated balances made available under this
heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2026, $175,000,000: Provided,
That of the sums appropriated under this heading--
(1) $125,000,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency coordinators
under section 23 of the United States Housing Act of 1937 (42
U.S.C. 1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency;
(2) $35,000,000 shall be available for the Resident Opportunity
and Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided, That
amounts made available under this paragraph may be used to renew
Resident Opportunity and Self-Sufficiency program grants to allow
the public housing agency, or a new owner, to continue to serve (or
restart service to) residents of a project with assistance
converted from public housing to project-based rental assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or assistance under section 8(o)(13) of such Act under the
heading ``Rental Assistance Demonstration'' in the Department of
Housing and Urban Development Appropriations Act, 2012 (Public Law
112-55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus Initiative,
modeled after the Jobs-Plus demonstration: Provided, That funding
provided under this paragraph shall be available for competitive
grants to partnerships between public housing authorities, local
workforce investment boards established under section 107 of the
Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3122),
and other agencies and organizations that provide support to help
public housing residents obtain employment and increase earnings:
Provided further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce investment
boards, and leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections 3 and 6
of the United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d),
as necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
Initiative as a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
(including rescission)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and related training and technical
assistance, $1,020,000,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading--
(1) $787,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under section 302 of
such Act with the need component based on single-race census data
and with the need component based on multi-race census data, and
the amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation amounts: Provided further,
That the Secretary shall notify grantees of their formula
allocation not later than 60 days after the date of enactment of
this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the Secretary
shall obligate such amount for competitive grants to eligible
recipients authorized under NAHASDA that apply for funds: Provided
further, That in awarding amounts made available in this paragraph,
the Secretary shall consider need and administrative capacity, and
shall give priority to projects that will spur construction and
rehabilitation of housing: Provided further, That a grant funded
pursuant to this paragraph shall be in an amount not greater than
$7,500,000: Provided further, That any amounts transferred for the
necessary costs of administering and overseeing the obligation and
expenditure of such additional amounts in prior Acts may also be
used for the necessary costs of administering and overseeing such
additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the cost of modifying such
notes and other obligations, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That amounts made available in this and prior Acts for the
cost of such guaranteed notes and other obligations that are
unobligated, including recaptures and carryover, shall be available
to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$50,000,000, to remain available until September 30, 2024:
Provided further, That any remaining loan guarantee limitation
authorized for this program in fiscal year 2020 or prior fiscal
years is hereby rescinded;
(4) $75,000,000 shall be available for grants to Indian tribes
for carrying out the Indian Community Development Block Grant
program under title I of the Housing and Community Development Act
of 1974, notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203
of this Act), not more than $5,000,000 may be used for emergencies
that constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts made
available in this paragraph shall be expended for planning and
management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available for
such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing authorities,
and tribally designated housing entities, to support the inspection
of Indian housing units, for contract expertise, and for training
and technical assistance related to amounts made available under
this heading and other headings in this Act for the needs of Native
American families and Indian country: Provided, That of the
amounts made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further, That amounts
made available in this paragraph may be used, contracted, or
competed as determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements Act
of 1977), the amounts made available in this paragraph may be used
by the Secretary to enter into cooperative agreements with public
and private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under section
302 of NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of NAHASDA (25
U.S.C. 4167).
indian housing loan guarantee fund program account
(including rescission)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,521,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available in this
and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, shall be available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $1,400,000,000, to
remain available until September 30, 2024: Provided further, That any
remaining loan guarantee limitation authorized under this heading in
fiscal year 2020 or prior fiscal years is hereby rescinded: Provided
further, That any amounts determined by the Secretary to be unavailable
are hereby returned to the General Fund of the Treasury.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2027: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up
to $1,000,000 of the amounts made available under this heading shall be
for training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal, to remain available until
September 30, 2024: Provided, That the Secretary may enter into
commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $499,000,000, to remain available until September 30,
2024, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2025: Provided,
That the Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this heading in
fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $6,397,285,641, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided, That
not to exceed 20 percent of any grant made with funds made
available under this paragraph shall be expended for planning and
management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local
government, or insular area that directly or indirectly receives
funds under this paragraph may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity in
exchange for any other funds, credits, or non-Federal
considerations, but shall use such funds for activities eligible
under title I of the Act: Provided further, That notwithstanding
section 105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such project
has been evaluated and selected in accordance with guidelines
required under subsection (e)(2) of section 105;
(2) $85,000,000 shall be available for the Secretary to award
grants on a competitive basis to State and local governments,
metropolitan planning organizations, and multijurisdictional
entities for additional activities under title I of the Act for the
identification and removal of barriers to affordable housing
production and preservation: Provided, That eligible uses of such
grants include activities to further develop, evaluate, and
implement housing policy plans, improve housing strategies, and
facilitate affordable housing production and preservation:
Provided further, That the Secretary shall prioritize applicants
that are able to (A) demonstrate progress and a commitment to
overcoming local barriers to facilitate the increase in affordable
housing production and preservation; and (B) demonstrate an acute
demand for housing affordable to households with incomes below 100
percent of the area median income: Provided further, That funds
allocated for such grants shall not adversely affect the amount of
any formula assistance received by a jurisdiction under paragraph
(1) of this heading: Provided further, That in administering such
amounts the Secretary may waive or specify alternative requirements
for any provision of such title I except for requirements related
to fair housing, nondiscrimination, labor standards, the
environment, and requirements that activities benefit persons of
low- and moderate-income, upon a finding that any such waivers or
alternative requirements are necessary to expedite or facilitate
the use of such amounts;
(3) $30,000,000 shall be available for activities authorized
under section 8071 of the SUPPORT for Patients and Communities Act
(Public Law 115-271): Provided, That funds allocated pursuant to
this paragraph shall not adversely affect the amount of any formula
assistance received by a State under paragraph (1) of this heading:
Provided further, That the Secretary shall allocate the funds for
such activities based on the notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019) except that the
formula shall use age-adjusted rates of drug overdose deaths for
2020 based on data from the Centers for Disease Control and
Prevention; and
(4) $2,982,285,641 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
eligible expenses of such grants may include administrative,
planning, operations and maintenance, and other costs: Provided
further, That such grants for the EDI shall be available for
reimbursement of otherwise eligible expenses incurred on or after
the date of enactment of this Act and prior to the date of grant
execution: Provided further, That none of the amounts made
available under this paragraph for grants for the EDI shall be used
for reimbursement of expenses incurred prior to the date of
enactment of this Act: Provided further, That grants for the EDI
authorized under this heading in the Department of Housing and
Urban Development Appropriations Act, 2022 (Public Law 117-103)
shall also be available for reimbursement of otherwise eligible
expenses (including those eligible expenses identified in the first
proviso of this paragraph) incurred on or after the date of
enactment of such Act and prior to the date of grant execution, and
shall not be subject to the second proviso under such heading in
such Act:
Provided further, That for amounts made available under paragraphs
(1) and (3), the Secretary shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2023, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,500,000,000, to remain available
until September 30, 2026: Provided, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2016 through 2025 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2018 through 2025 under that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$225,000,000, to remain available until September 30, 2027: Provided,
That recipients of grants provided with amounts made available under
this heading shall be States, units of general local government,
resident-owned manufactured housing communities, cooperatives,
nonprofit entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes (as such term is
defined in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4103)), or other
entities approved by the Secretary: Provided further, That the
Secretary may reserve an amount for Indian Tribes within such
competition: Provided further, That the Secretary may approve entities
for selection that partner with one or several residents of such
eligible communities or that propose to implement a grant program that
would assist residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure, planning,
resident and community services (including relocation assistance and
eviction prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes, which may
include providing assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by the
Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or
communities: Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term housing
affordability for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible manufactured
housing communities may include those that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by the
Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That, of the amounts made available under this
heading, $25,000,000 shall be for a pilot program for the Secretary to
provide grants to assist in the redevelopment of manufactured housing
communities (including pre-1976 mobile homes) as replacement housing
that is affordable, as defined by the Secretary: Provided further,
That each such redevelopment project shall provide, for each unit of
single-family manufactured housing (including pre-1976 mobile homes)
replaced under the project, up to 4 dwelling units of such affordable
housing: Provided further, That the Secretary shall define eligible
activities for grant assistance under the pilot program, which may
include relocation assistance or buy-outs for residents of a
manufactured housing community or downpayment assistance for such
residents: Provided further, That the Secretary shall require each
grantee under the pilot program to supplement the amount of the grant
with non-Federal amounts exceeding 50 percent of the grant: Provided
further, That resiliency activities means the reconstruction, repair,
or replacement of manufactured housing and manufactured housing
communities to protect the health and safety of manufactured housing
residents and to address weatherization and energy efficiency needs,
except that for pre-1976 mobile homes, funds made available under this
heading may be used only for replacement: Provided further, That the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this heading
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
or alternative requirement is necessary to facilitate the use of such
amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $62,500,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated under this
heading--
(1) $13,500,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such section
11;
(2) $42,000,000 shall be available for the second, third, and
fourth capacity building entities specified in section 4(a) of the
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be for rural capacity building
activities: Provided, That for purposes of awarding grants from
amounts made available in this paragraph, the Secretary may enter
into multiyear agreements, as appropriate, subject to the
availability of annual appropriations;
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience assessing
national rural conditions and providing financing, training,
technical assistance, information, and research to local nonprofit
organizations, local governments, and Indian Tribes serving high
need rural communities; and
(4) $1,000,000 shall be available for a program to rehabilitate
and modify the homes of disabled or low-income veterans, as
authorized under section 1079 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (38 U.S.C. 2101 note): Provided, That the issuance of a
Notice of Funding Opportunity for the amounts made available in
this paragraph shall be completed not later than 120 days after
enactment of this Act and such amounts shall be awarded not later
than 180 days after such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $3,633,000,000, to remain available until September 30,
2025: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency Solutions
Grants program authorized under subtitle B of such title IV (42
U.S.C. 11371 et seq.): Provided, That the Department shall notify
grantees of their formula allocation from amounts allocated (which
may represent initial or final amounts allocated) for the Emergency
Solutions Grant program not later than 60 days after enactment of
this Act;
(2) $3,154,000,000 shall be available for the Continuum of Care
program authorized under subtitle C of such title IV (42 U.S.C.
11381 et seq.) and the Rural Housing Stability Assistance programs
authorized under subtitle D of such title IV (42 U.S.C. 11408):
Provided, That the Secretary shall prioritize funding under the
Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower performing
projects to higher performing projects: Provided further, That the
Secretary shall provide incentives to create projects that
coordinate with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing services:
Provided further, That the Secretary may establish by notice an
alternative maximum amount for administrative costs related to the
requirements described in sections 402(f)(1) and 402(f)(2) of
subtitle A of such title IV or no more than 5 percent or $50,000,
whichever is greater, notwithstanding the 3 percent limitation in
section 423(a)(10) of such subtitle C: Provided further, That of
the amounts made available for the Continuum of Care program under
this paragraph, not less than $52,000,000 shall be for grants for
new rapid re-housing projects and supportive service projects
providing coordinated entry, and for eligible activities that the
Secretary determines to be critical in order to assist survivors of
domestic violence, dating violence, sexual assault, or stalking:
Provided further, That amounts made available for the Continuum of
Care program under this paragraph and any remaining unobligated
balances under this heading in prior Acts may be used to
competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum of Care
program, notwithstanding any conflict with the requirements of the
Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements Act of
1977 (31 U.S.C. 6301-6308), the amounts made available under this
paragraph and any remaining unobligated balances under this heading
for such purposes in prior Acts may be used by the Secretary to
enter into cooperative agreements with such entities as may be
determined by the Secretary, including public and private
organizations, agencies, and institutions;
(4) $107,000,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless youth,
age 24 and under, in up to 25 communities with a priority for
communities with substantial rural populations in up to eight
locations, can dramatically reduce youth homelessness: Provided,
That of the amount made available under this paragraph, not less
than $25,000,000 shall be for youth homelessness system improvement
grants to support communities, including but not limited to the
communities assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this paragraph, up
to $10,000,000 shall be to provide technical assistance to
communities, including but not limited to the communities assisted
in the preceding proviso and the matter preceding such proviso, on
improving system responses to youth homelessness, and collection,
analysis, use, and reporting of data and performance measures under
the comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the Secretary
may use up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance providers
with verifiable prior experience with systems and programs for
youth experiencing homelessness; and
(5) $75,000,000 shall be available for one-time awards under
the Continuum of Care program for new construction, acquisition, or
rehabilitation of new permanent supportive housing, of which not
more than 20 percent of such awards may be used for other Continuum
of Care eligible activities associated with such projects and not
more than 10 percent of such awards may be used for project
administration: Provided, That these amounts shall be awarded on a
competitive basis, based on need and other factors to be determined
by the Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$30,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if such
amount is undersubscribed any remaining amounts may be awarded to
qualified applicants for projects in any State: Provided further,
That the grants for ongoing costs associated with such projects
shall be eligible for renewal under the Continuum of Care program
subject to the same terms and conditions as other renewal
applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$13,537,580,000, to remain available until expended, shall be available
on October 1, 2022 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2022),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2023: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $343,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $1,075,000,000 to remain
available until September 30, 2026: Provided, That of the amount made
available under this heading, up to $120,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated: Provided further, That of the total amount made
available under this heading, up to $25,000,000 shall be used to expand
the supply of intergenerational dwelling units (as such term is defined
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for
elderly caregivers raising children: Provided further, That for the
purposes of the preceding proviso the Secretary may waive, or specify
alternative requirements for, any provision of section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the
development of such units, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available under this
heading, up to $6,000,000 shall be used by the Secretary to support
preservation transactions of housing for the elderly originally
developed with a capital advance and assisted by a project rental
assistance contract under the provisions of section 202(c) of the
Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 5-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $360,000,000, to remain available until
September 30, 2026: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available in
addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2024, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2023
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2024: Provided, That during
fiscal year 2023, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2024: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2023, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2023 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $35,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2024: Provided,
That during fiscal year 2023, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until
September 30, 2024: Provided, That $40,400,000, to remain available
until September 30, 2024, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2023, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $125,400,000, to remain available
until September 30, 2024: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2025, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute resolution)
at no cost to eligible low-income tenants at risk of or subject to
eviction: Provided further, That in awarding grants under the
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance: Provided further, That the Secretary shall ensure, to
the extent practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant funds made
available under this heading is not less than the overall proportion of
eligible tenants who live in rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $86,355,000, to remain
available until September 30, 2024: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,355,000 shall be available to the
Secretary for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), the Healthy Homes Initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$410,000,000, to remain available until September 30, 2025: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants pursuant to
such section 1011, of which not less than $95,000,000 shall be
provided to areas with the highest lead-based paint abatement
needs;
(2) $85,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing-
related diseases and hazards, and mitigating housing-related health
and safety hazards in housing of low-income families, of which--
(A) $5,000,000 shall be for the implementation of projects
in up to five communities that are served by both the Healthy
Homes Initiative and the Department of Energy weatherization
programs to demonstrate whether the coordination of Healthy
Homes remediation activities with weatherization activities
achieves cost savings and better outcomes in improving the
safety and quality of homes; and
(B) $30,000,000 shall be for grants to experienced non-
profit organizations, States, local governments, or public
housing agencies for safety and functional home modification
repairs and renovations to meet the needs of low-income seniors
to enable them to remain in their primary residence: Provided,
That of the total amount made available under this subparagraph
no less than $10,000,000 shall be available to meet such needs
in communities with substantial rural populations;
(3) $5,000,000 shall be for the award of grants and contracts
for research pursuant to sections 1051 and 1052 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4854,
4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
``Research and Technology'' for the purposes of conducting research
and studies and for use in accordance with the provisos under that
heading for non-competitive agreements;
(5) $25,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead hazard
screenings or lead-risk assessments during housing quality
standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937 (42
U.S.C. 1437f(o)) resides or expects to reside, and has or expects
to have a child under age 6 residing in the unit, while preserving
rental housing availability and affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon demonstration)
in public housing: Provided, That the testing method, mitigation
method, or action level used under the radon demonstration shall be
as specified by applicable State or local law, if such law is more
protective of human health or the environment than the method or
level specified by the Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under this
heading, except for amounts in paragraph (2)(B) for home modification
repairs and renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $374,750,000, to remain available until
September 30, 2025, of which up to $23,950,000 shall be for
development, modernization, and enhancement projects, including
planning for such projects: Provided, That not more than 10 percent of
the funds made available under this heading for development,
modernization, and enhancement may be obligated until the Secretary
submits and the House and Senate Committees on Appropriations approve a
plan that--
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances, including
carryover--
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance capabilities to be
delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the project end date,
including any identified system decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of HUD
staff and contractors supporting the project; and
(E) certification from the Chief Information Officer that
each project is compliant with the Department's enterprise
architecture, life-cycle management and capital planning and
investment control requirements:
Provided further, That not later than 30 days after the end of each
quarter, the Secretary shall submit an updated report to the Committees
on Appropriations of the House of Representatives and the Senate
summarizing the status, cost and plan for all modernization projects;
and for each major modernization project with an approved project plan,
identifying--
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including procurement), or
functionality from the previously approved project plan, reasons
for such variances and estimated impact on total life-cycle costs;
and
(3) risks and mitigation strategies associated with ongoing
work.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$146,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
during fiscal year 2023 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2023 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2023 and
2024, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable,
or be reasonably expected to become economically nonviable when
complying with State or Federal requirements for community
integration and reduced concentration of individuals with
disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any such
increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section existed
before the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older and
is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2023, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2023, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding opportunity (NOFO) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2023, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 59 or less; or
(2) fails to certify in writing to the Secretary within 3 days
that all Exigent Health and Safety deficiencies identified by the
inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with a
management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial abatement,
as determined by the Secretary, until all deficiencies have been
corrected;
(D) pursue transfer of the project to an owner, approved by the
Secretary under established procedures, who will be obligated to
promptly make all required repairs and to accept renewal of the
assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another project
or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial order
of specific performance requiring the owner to cure all project
deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate;
or
(I) take any other regulatory or contractual remedies available
as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property and
all available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of less than
60 or have received an unsatisfactory management and occupancy review
within the past 36 months. The report shall include--
(1) identification of the enforcement actions being taken to
address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered under a
housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2023.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2023 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 229. None of the amounts made available in this Act may be
used to consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs receiving
Family Self-Sufficiency program coordinator funding provided in this
Act.
Sec. 230. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 231. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 232. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 233. Funds previously made available in the Consolidated
Appropriations Act, 2016 (Public Law 114-113) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2018 are to remain available through fiscal year 2024 for
the liquidation of valid obligations incurred in fiscal years 2016
through 2018.
Sec. 234. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 235. For fiscal year 2023, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have received
for a formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula
allocation cycles.
Sec. 236. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(a) in section 515, by adding at the end the following new
subsection:
``(d) Rent Adjustments and Subsequent Renewals.--After the initial
renewal of a section 8 contract pursuant to this section and
notwithstanding any other provision of law or contract regarding the
adjustment of rents or subsequent renewal of such contract for a
project, including such a provision in section 514 or this section, in
the case of a project subject to any restrictions imposed pursuant to
sections 514 or this section, the Secretary may, not more often than
once every 10 years, adjust such rents or renew such contracts at rent
levels that are equal to the lesser of budget-based rents or comparable
market rents for the market area upon the request of an owner or
purchaser who--
``(1) demonstrates that--
``(A) project income is insufficient to operate and
maintain the project, and no rehabilitation is currently
needed, as determined by the Secretary; or
``(B) the rent adjustment or renewal contract is necessary
to support commercially reasonable financing (including any
required debt service coverage and replacement reserve) for
rehabilitation necessary to ensure the long-term sustainability
of the project, as determined by the Secretary, and in the
event the owner or purchaser fails to implement the
rehabilitation as required by the Secretary, the Secretary may
take such action against the owner or purchaser as allowed by
law; and
``(2) agrees to--
``(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty years; and
``(B) enter into a binding commitment to continue to renew
such contract for and during such extended term, provided that
after the affordability and use restrictions required under
514(e)(6) have been maintained for a term of 30 years:
``(i) an owner with a contract for which rent levels
were set at the time of its initial renewal under section
514(g)(2) shall request that the Secretary renew such
contract under section 524 for and during such extended
term; and
``(ii) an owner with a contract for which rent levels
were set at the time of its initial renewal under section
514(g)(1) may request that the Secretary renew such
contract under section 524 for and during such extended
term.''; and
(b) in section 579, by striking ``October 1, 2022'' each place it
appears and inserting in lieu thereof ``October 1, 2027''.
Sec. 237. The Secretary may transfer from amounts made available
for salaries and expenses under this title (excluding amounts made
available under the heading ``Office of Inspector General'') up to
$500,000 from each office to the heading ``Information Technology
Fund'' for information technology needs, including for additional
development, modernization, and enhancement, to remain available until
September 30, 2025: Provided, That the total amount of such transfers
shall not exceed $5,000,000: Provided further, That this transfer
authority shall not be used to fund information technology projects or
activities that have known out-year development, modernization, or
enhancement costs in excess of $500,000: Provided further, That the
Secretary shall provide notification to the House and Senate Committees
on Appropriations no less than three business days in advance of any
such transfer.
Sec. 238. Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for ``Lead Hazard
Reduction'' that were available for obligation through fiscal year 2020
are to remain available through fiscal year 2027 for the liquidation of
valid obligations incurred in fiscal years 2019 through 2020.
Sec. 239. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract.
Sec. 240. None of the funds appropriated or otherwise made
available in this or prior Acts may be used by the Department to carry
out customer experience activities within the Office of the Assistant
Chief Financial Officer for Budget.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,850,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $38,260,000, of which $2,000,000
shall remain available until September 30, 2024: Provided, That not to
exceed $3,500 shall be for official reception and representation
expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $27,935,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2024,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2024 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $129,300,000, of
which not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $166,000,000:
Provided, That an additional $4,000,000, to remain available until
September 30, 2026, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $41,429,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2023, to result in a final appropriation from the general
fund estimated at not more than $40,179,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,000,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2023, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), whichever is more
detailed, unless prior approval is received from the House and
Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed, and
shall apply to all items for which a dollar amount is specified
and to all programs for which new budget (obligational)
authority is provided, as well as to discretionary grants and
discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 419. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
Sec. 420. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available until expended for the liquidation of
valid obligations incurred in fiscal years 2013 through 2017.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 421. In the table of projects in the explanatory statement
referenced in section 417 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022 (division L
of Public Law 117-103)--
(1) the item relating to ``Greensboro Judy Center Early
Learning Hub Facility'' is deemed to be amended by striking
``Greensboro Judy Center Early Learning Hub Facility'' and
inserting ``Building maintenance for Greensboro Judy Center Early
Learning Hub Facility'';
(2) the item relating to ``Constructing commercial kitchen to
increase access to healthy food'' is deemed to be amended by
striking recipient ``Cross Street Partners'' and inserting ``The
Good Stuff'';
(3) the item relating to ``Covenant House PA Transition
Housing'' is deemed to be amended by striking recipient ``Covenant
House Pennsylvania'' and inserting ``Covenant House Pennsylvania
Under 21'';
(4) the item relating to ``Long Island Greenway'' is deemed to
be amended by striking ``Long Island Greenway'' and inserting ``For
the planning and design of the Long Island Greenway'';
(5) the item relating to ``Acquisition of property for
permanent Veterans' homeless shelter'' is deemed to be amended by
striking ``Acquisition of property for permanent Veterans' homeless
shelter'' and inserting ``Acquisition or rehabilitation of property
for permanent veterans' homeless shelter'';
(6) the item relating to ``Gourdy Ampitheater Project'' is
deemed to be amended by striking ``Gourdy Ampitheater Project'' and
inserting ``Goudy Park'';
(7) the item relating to ``Community Bike Works: Easton'' is
deemed to be amended by striking ``Easton'' and inserting ``Easton
and Allentown'';
(8) the item relating to ``Barrington Town Offices and
Emergency Operations Center Construction'' is deemed to be amended
by striking ``Barrington Town Offices and Emergency Operations
Center Construction'' and inserting ``For activities of the Town of
Barrington'';
(9) the item relating to ``Holladay Community Center Public
Facility'' is deemed to be amended by striking recipient ``Housing
Authority of Salt Lake City (HASLC)'' and inserting ``Salt Lake
County'';
(10) the item relating to ``Somersworth Fire Training Tower''
is deemed to be amended by striking ``Tower'' and inserting ``and
Equipment'';
(11) the item relating to ``Generator and structure to house
generator for Guma Esperansa'' is deemed to be amended by striking
``Generator and structure to house generator for Guma Esperansa''
and inserting ``For the installation and ongoing maintenance of the
generator and its structure at Guma Esperansa'';
(12) the item relating to ``Facility Improvements'' is deemed
to be amended by striking recipient ``Sterling House Community
Center Inc.'' and inserting ``Town of Stratford'';
(13) the item relating to ``Stateline Boys & Girls Club--
Beloit, WI Facility Construction'' is deemed to be amended by
striking ``Facility Construction'';
(14) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to be
amended by striking recipient ``Will County Development
Corporation'' and inserting ``Will County Housing Development
Corporation'';
(15) the item relating to ``Bluefield Historic District
Restoration'' is deemed to be amended by striking ``Historic
District''; and
(16) the item relating to ``Port of West Virginia Railroad
Bridge Improvements'' is deemed to be amended by striking
``Bridge''.
Sec. 422. None of the funds made available to the Department of
Housing and Urban Development in this or prior Acts may be used to
issue a solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled ``Housing
Assistance Payments (HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 423. Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat.
598; 133 Stat. 3018) is amended by striking the seventh, eighth, and
ninth sentences.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2023''.
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II Grants'',
$50,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For an additional amount for ``McGovern-Dole Food for Education and
Child Nutrition Program Grants'', $5,000,000, to remain available until
expended.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$54,252,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,386,000, to remain available until September 30, 2023, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
to remain available until September 30, 2023, $1,400,000, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$31,028,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses, including for
hardship duty pay.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space Force'',
$3,663,000, to remain available until September 30, 2023, to respond to
the situation in Ukraine and for related expenses, including for
hardship duty pay.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$3,020,741,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$871,410,000, to remain available until September 30, 2023, to respond
to the situation in Ukraine and for related expenses.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $14,620,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $580,266,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $8,742,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $21,160,737,000, to remain available until September 30, 2023,
to respond to the situation in Ukraine and for related expenses:
Provided, That of the total amount provided under this heading in this
Act, $9,000,000,000, to remain available until September 30, 2024,
shall be for the Ukraine Security Assistance Initiative: Provided
further, That such funds for the Ukraine Security Assistance Initiative
shall be available to the Secretary of Defense under the same terms and
conditions as are provided for in section 8110 of the Department of
Defense Appropriations Act, 2023: Provided further, That the Secretary
of Defense may accept and retain contributions, including money,
personal property, and services, from foreign governments and other
entities, to carry out assistance authorized for the Ukraine Security
Assistance Initiative under this heading in this Act: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That contributions of money for the purposes provided herein from any
foreign government or other entity may be credited to this account, to
remain available until September 30, 2024, and used for such purposes:
Provided further, That of the total amount provided under this heading
in this Act, up to $11,880,000,000, to remain available until September
30, 2024, may be transferred to accounts under the headings ``Operation
and Maintenance'' and ``Procurement'' for replacement of defense
articles from the stocks of the Department of Defense, and for
reimbursement for defense services of the Department of Defense and
military education and training, provided to the Government of Ukraine
or to foreign countries that have provided support to Ukraine at the
request of the United States: Provided further, That funds transferred
pursuant to the preceding proviso shall be merged with and available
for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That the Secretary of Defense shall notify the congressional defense
committees of the details of such transfers not less than 15 days
before any such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back and merged with this appropriation: Provided further,
That the transfer authority provided herein is in addition to any other
transfer authority provided by law.
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$354,000,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine and for related expenses.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$687,000,000, to remain available until September 30, 2025, for
expansion of public and private plants, including the land necessary
therefor, and procurement and installation of equipment appliances, and
machine tools in such plants, for the purpose of increasing production
of critical munitions to replace defense articles provided to the
Government of Ukraine or foreign countries that have provided support
to Ukraine at the request of the United States.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,000,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$730,045,000, to remain available until September 30, 2025, to respond
to the situation in Ukraine and for related expenses.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$3,326,000, to remain available until September 30, 2025, to respond to
the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $5,800,000, to remain available until September 30,
2024, to respond to the situation in Ukraine and for related expenses.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $38,500,000, to remain available until September
30, 2024, to respond to the situation in Ukraine and for related
expenses.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $185,142,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and for
related expenses.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $89,515,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine and for
related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$14,100,000, to remain available until September 30, 2023, which shall
be for operation and maintenance, to respond to the situation in
Ukraine and for related expenses.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$6,000,000, to remain available until September 30, 2023, which shall
be for operation and maintenance, to carry out reviews of the
activities of the Department of Defense to execute funds appropriated
in this title, including assistance provided to Ukraine: Provided,
That the Inspector General of the Department of Defense shall provide
to the congressional defense committees a briefing not later than 90
days after the date of enactment of this Act.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community Management
Account'', $75,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Not later than 45 days after the date of enactment of
this Act, the Secretary of Defense, in coordination with the Secretary
of State, shall submit a report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate on measures being taken to account for United States
defense articles designated for Ukraine since the February 24, 2022,
Russian invasion of Ukraine, particularly measures with regard to such
articles that require enhanced end-use monitoring; measures to ensure
that such articles reach their intended recipients and are used for
their intended purposes; and any other measures to promote
accountability for the use of such articles: Provided, That such
report shall include a description of any occurrences of articles not
reaching their intended recipients or used for their intended purposes
and a description of any remedies taken: Provided further, That such
report shall be submitted in unclassified form, but may be accompanied
by a classified annex.
Sec. 1202. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2024, the
Secretary of Defense, in coordination with the Secretary of State,
shall provide a written report to the Committees on Appropriations,
Armed Services, and Foreign Affairs of the House of Representatives and
the Committees on Appropriations, Armed Services, and Foreign Relations
of the Senate describing United States security assistance provided to
Ukraine since the February 24, 2022, Russian invasion of Ukraine,
including a comprehensive list of the defense articles and services
provided to Ukraine and the associated authority and funding used to
provide such articles and services: Provided, That such report shall
be submitted in unclassified form, but may be accompanied by a
classified annex.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Nuclear Energy
For an additional amount for ``Nuclear Energy'', $300,000,000, to
remain available until expended: Provided, That of the amount provided
under this heading in this Act, $100,000,000 shall be for Advanced
Nuclear Fuel Availability: Provided further, That of the amount
provided under this heading in this Act, $60,000,000 shall be to carry
out the demonstrations of the Advanced Reactor Demonstration Program:
Provided further, That of the amount provided under this heading in
this Act, $20,000,000 shall be to carry about activities for the
National Reactor Innovation Center: Provided further, That of the
amount provided under this heading in this Act, $120,000,000 shall be
to carry about activities for the Risk Reduction for Future
Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$126,300,000, to remain available until expended, to respond to the
situation in Ukraine and for related expenses.
GENERAL PROVISION--THIS TITLE
Sec. 1301. (a) Of the unobligated balances from amounts deposited
in the SPR Petroleum Account pursuant to section 167(b)(3) of the
Energy Policy and Conservation Act (42 U.S.C. 6247(b)(3)),
$10,395,000,000 is hereby permanently rescinded not later than
September 30, 2023.
(b) Section 403(a) of the Bipartisan Budget Act of 2015 (Public Law
114-74) is amended by adding ``and'' after the semicolon in paragraph
(5), striking the semicolon in paragraph (6) and inserting a period,
and striking paragraphs (7) and (8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114-94) is
amended by adding ``and'' after the semicolon in subparagraph (A),
striking the semicolon in subparagraph (B) and inserting a period, and
striking subparagraphs (C) and (D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of 2018
(Public Law 115-123) is amended by striking the word ``Reserve'' and
everything that follows and adding the following: ``Reserve 30,000,000
barrels of crude oil during the period of fiscal years 2022 through
2027.''.
TITLE IV
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council and Homeland Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until expended, for necessary expenses of the
National Security Council.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$2,400,000,000, to remain available until September 30, 2024:
Provided, That amounts made available under this heading in this Act
may be used for grants or contracts with qualified organizations,
including nonprofit entities, to provide culturally and linguistically
appropriate services, including wraparound services, housing
assistance, medical assistance, legal assistance, and case management
assistance: Provided further, That amounts made available under this
heading in this Act may be used by the Director of the Office of
Refugee Resettlement (Director) to issue awards or supplement awards
previously made by the Director: Provided further, That the Director,
in carrying out section 412(c)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available under this
heading in this Act, may allocate such amounts among the States in a
manner that accounts for the most current data available.
GENERAL PROVISION--THIS TITLE
Sec. 1501. Subsection (a)(1)(A) of section 2502 of the Afghanistan
Supplemental Appropriations Act, 2022 (division C of Public Law 117-43)
is amended by striking ``September 30, 2022'' and inserting ``September
30, 2023''.
TITLE VI
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $7,500,000,
to remain available until expended, for oversight of the amounts
provided in division N of Public Law 117-103, Public Law 117-128,
division B of Public Law 117-180, and this Act.
TITLE VII
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $147,054,000,
to remain available until September 30, 2024, of which not less than
$60,000,000 shall be made available to respond to the situation in
Ukraine and in countries impacted by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$5,500,000, to remain available until September 30, 2024.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $5,000,000, to
remain available until September 30, 2024, to respond to the situation
in Ukraine and in countries impacted by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$8,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$937,902,000, to remain available until expended, of which not less
than $300,000,000 shall be made available to respond to humanitarian
needs in Ukraine and in countries impacted by the situation in Ukraine,
including the provision of emergency food and shelter, and for
assistance for other vulnerable populations and communities, including
through local and international nongovernmental organizations.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$50,000,000, to remain available until expended, for assistance for
Ukraine and countries impacted by the situation in Ukraine.
economic support fund
For an additional amount for ``Economic Support Fund'',
$12,966,500,000 to remain available until September 30, 2024, for
assistance for Ukraine and countries impacted by the situation in
Ukraine, which may include budget support: Provided, That funds
appropriated under this heading in this Act may be made available
notwithstanding any other provision of law that restricts assistance to
foreign countries and may be made available as contributions.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $350,000,000, to remain available until September 30,
2024, for assistance and related programs for Ukraine and other
countries identified in section 3 of the FREEDOM Support Act (22 U.S.C.
5801) and section 3(c) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5402(c)).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,535,048,000, to remain available until expended, of which not less
than $620,000,000 shall be made available to address humanitarian needs
in, and to assist refugees from, Ukraine, and for additional support
for other vulnerable populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $374,996,000, to remain available until September
30, 2024, of which not less than $300,000,000 shall be for assistance
for Ukraine and countries impacted by the situation in Ukraine.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $105,000,000, to remain available
until September 30, 2024, for assistance for Ukraine and countries
impacted by the situation in Ukraine.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $80,000,000, to remain available until September 30, 2024:
Provided, That such funds may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974, of
direct loans and loan guarantees, if otherwise authorized by any
provision of law: Provided further, That such costs may include the
costs of selling, reducing, or cancelling any amounts owed to the
United States or any agency of the United States: Provided further,
That the gross principal balance of such direct loans shall not exceed
$2,000,000,000, and the gross principal balance of guaranteed loans
shall not exceed $2,000,000,000: Provided further, That the Secretary
of State may use amounts charged to the borrower as origination fees to
pay for the cost of such loans.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 1701. During fiscal year 2023, section 506(a)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied
by substituting ``$14,500,000,000'' for ``$100,000,000''.
Sec. 1702. During fiscal year 2023, section 506(a)(2)(B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)(B)) shall be
applied by substituting ``$400,000,000'' for ``$200,000,000'' and by
substituting ``$150,000,000'' for ``$75,000,000'' in clause (i).
Sec. 1703. During fiscal year 2023, section 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2)) shall be applied
by substituting ``$50,000,000'' for ``$25,000,000''.
Sec. 1704. (a) Funds appropriated by this title under the heading
``Diplomatic Programs'' may be transferred to, and merged with, funds
available under the heading ``Capital Investment Fund'' to respond to
the situation in Ukraine and in countries impacted by the situation in
Ukraine.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and Refugee
Assistance'' may be transferred to, and merged with, funds appropriated
by this title under such headings to respond to humanitarian needs in
Ukraine and in countries impacted by the situation in Ukraine and for
assistance for other vulnerable populations and communities.
(c) Funds appropriated by this title under the heading ``Economic
Support Fund'' may be transferred to, and merged with, funds available
under the headings ``United States International Development Finance
Corporation--Corporate Capital Account'', ``United States International
Development Finance Corporation--Program Account'', ``Export-Import
Bank of the United States--Program Account'', and ``Trade and
Development Agency'' to respond to the situation in Ukraine and in
countries impacted by the situation in Ukraine.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'' may be transferred to, and
merged with, funds appropriated by this title under such headings to
respond to the situation in Ukraine and in countries impacted by the
situation in Ukraine.
(e) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(f) The exercise of the transfer authorities provided by this
section shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(g) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
Sec. 1705. (a) Funds appropriated by this title may be made
available for direct financial support for the Government of Ukraine,
including for Ukrainian first responders, and may be made available as
a cash transfer subject to the requirements of subsection (b):
Provided, That such funds shall be provided on a reimbursable basis and
matched by sources other than the United States Government, to the
maximum extent practicable: Provided further, That the Secretary of
State or the Administrator of the United States Agency for
International Development, as appropriate, shall ensure third-party
monitoring of such funds: Provided further, That at least 15 days
prior to the initial obligation of such funds, the Secretary of State,
following consultation with the Administrator of the United States
Agency for International Development, shall certify and report to the
appropriate congressional committees that mechanisms for monitoring and
oversight of such funds are in place and functioning and that the
Government of Ukraine has in place substantial safeguards to prevent
corruption and ensure accountability of such funds: Provided further,
That not less than 45 days after the initial obligation of such funds,
the Inspectors General of the Department of State and the United States
Agency for International Development shall submit a report to the
appropriate congressional committees detailing and assessing the
mechanisms for monitoring and safeguards described in the previous
proviso.
(b) Funds made available to the Government of Ukraine as a cash
transfer under subsection (a) shall be subject to a memorandum of
understanding between the governments of the United States and Ukraine
that describes how the funds proposed to be made available will be used
and the appropriate safeguards to ensure transparency and
accountability: Provided, That such assistance shall be maintained in
a separate, auditable account and may not be commingled with any other
funds.
(c) The Secretary of State or the Administrator of the United
States Agency for International Development, as appropriate, shall
report to the appropriate congressional committees on the uses of funds
provided for direct financial support to the Government of Ukraine
pursuant to subsection (a) not later than 45 days after the date of
enactment of this Act and every 45 days thereafter until all such funds
have been expended: Provided, That such reports shall include a
detailed description of the use of such funds, including categories and
amounts, the intended results and the results achieved, a summary of
other donor contributions, and a description of the efforts undertaken
by the Secretary and Administrator to increase other donor
contributions for direct financial support: Provided further, That
such reports shall also include the metrics established to measure such
results.
Sec. 1706. Funds appropriated by this title under the headings
``Diplomatic Programs'', ``Operating Expenses'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'',
and ``Foreign Military Financing Program'' shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided, That notifications submitted pursuant to this section shall
include for each program notified--(1) total funding made available for
such program, by account and fiscal year; (2) funding that remains
unobligated for such program; (3) funding that is obligated but
unexpended for such program; and (4) funding committed, but not yet
notified for such program.
Sec. 1707. Funds appropriated by this title for the Inspectors
General of the Department of State and United States Agency for
International Development are in addition to funds otherwise provided
for such Inspectors General for fiscal year 2023 and are made available
to provide oversight of funds appropriated by this title and funds
appropriated in title VI of division N of Public Law 117-103, title V
of Public Law 117-128, and title III of division B of Public Law 117-
180: Provided, That the Inspectors General shall coordinate with the
Inspectors General of the Department of Defense and Inspectors General
of other relevant Federal agencies in conducting such oversight:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Inspectors General shall provide a report on
oversight plans and initial findings to the appropriate congressional
committees.
Sec. 1708. (a) The Attorney General may transfer to the Secretary
of State the proceeds of any covered forfeited property for use by the
Secretary of State to provide assistance to Ukraine to remediate the
harms of Russian aggression towards Ukraine. Any such transfer shall be
considered foreign assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), including for purposes of making available
the administrative authorities and implementing the reporting
requirements contained in that Act.
(b) Not later than 15 days after any transfers made pursuant to
subsection (a), the Attorney General, in consultation with the
Secretary of the Treasury and the Secretary of State, shall submit a
report describing such transfers to the appropriate congressional
committees.
(c) In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Financial Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) The term ``covered forfeited property'' means property
forfeited under chapter 46 or section 1963 of title 18, United
States Code, which property belonged to, was possessed by, or was
controlled by a person subject to sanctions and designated by the
Secretary of the Treasury or the Secretary of State, or which
property was involved in an act in violation of sanctions enacted
pursuant to Executive Order 14024, and as expanded by Executive
Order 14066 of March 8, 2022, and relied on for additional steps
taken in Executive Order 14039 of August 20, 2021, and Executive
Order 14068 of March 11, 2022.
(d) The authority under this section shall apply to any covered
forfeited property forfeited on or before May 1, 2025.
TITLE VIII
GENERAL PROVISIONS--THIS ACT
Sec. 1801. Funds appropriated by this Act for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 1802. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1803. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1804. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 1805. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This division may be cited as the ``Additional Ukraine Supplemental
Appropriations Act, 2023''.
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$3,741,715,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production losses of
crops (including milk, on-farm stored commodities, crops prevented from
planting in 2022, and harvested adulterated wine grapes), trees,
bushes, and vines, as a consequence of droughts, wildfires, hurricanes,
floods, derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive moisture
occurring in calendar year 2022 under such terms and conditions as
determined by the Secretary: Provided, That of the amounts provided
under this heading in this Act, the Secretary shall use up to
$494,500,000 to provide assistance to producers of livestock, as
determined by the Secretary of Agriculture, for losses incurred during
calendar year 2022 due to drought or wildfires: Provided further, That
the amount provided under this heading in this Act shall be subject to
the terms and conditions set forth in the first, second, and fourth
through twelfth provisos under this heading in title I of the Disaster
Relief Supplemental Appropriations Act, 2022 (division B of Public Law
117-43), except that each reference to 2020 or 2021 in such provisos in
such Act shall be deemed to be a reference instead to 2022.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$58,000,000, to remain available until expended.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $27,000,000, to remain available until expended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' for necessary expenses for the Emergency Watershed
Protection Program, $925,000,000, to remain available until expended.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
For an additional amount for ``Rural Housing Assistance Grants'',
$60,000,000, to remain available until expended, for necessary expenses
related to homes damaged by Presidentially declared disasters in
calendar year 2022: Provided, That 42 U.S.C. 1471(b)(3) shall not
apply: Provided further, That the income limit shall be capped at 80
percent of the area median income: Provided further, That,
notwithstanding section 1490m(c)(2) of such title, a grant made under
42 U.S.C. 1490m of such title using funds made available under this
heading in this Act, may not exceed $50,000.
rural community facilities program account
For an additional amount for ``Rural Community Facilities Program
Account'', $75,300,000, to remain available until expended: Provided,
That of the amounts provided under this heading in this Act,
$50,000,000 shall be for necessary expenses for grants to repair
essential community facilities damaged by Presidentially declared
disasters in calendar year 2022: Provided further, That the percentage
of the cost of the facility that may be covered by a grant pursuant to
the preceding proviso shall be 75 percent.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for ``Rural Water and Waste Disposal
Program Account'', $325,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading in this Act,
$265,000,000 shall be for necessary expenses related to water systems
damaged by Presidentially declared disasters in calendar year 2022:
Provided further, That, notwithstanding section 343(a)(13)(B) of the
Consolidated Farm and Rural Development Act, a grant using funds made
available pursuant to the preceding proviso may not be awarded to a
community with a population of more than 35,000 people: Provided
further, That not to exceed $8,000,000 of the amount made available
pursuant to the first proviso shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 2101. In addition to other funds available for such purposes,
not more than three percent of the amounts provided in each account
under the ``Rural Development Programs'' heading in this title shall be
paid to the appropriation for ``Rural Development, Salaries and
Expenses'' for administrative costs to carry out the emergency rural
development programs in this title.
Sec. 2102. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
funds made available for this purpose, there is appropriated, out of
any money in the Treasury not otherwise appropriated, $125,000,000, to
remain available until September 30, 2024, to offset the loss of
quarantine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
U.S.C. 136, 136a): Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
sections 2508 and 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
of the Homeland Security Act of 2002 (6 U.S.C. 231(f)).
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Ian and Fiona, and of wildfires,
flooding, and other natural disasters occurring in calendar years 2021
and 2022 under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), $500,000,000, to remain
available until expended: Provided, That within the amount
appropriated under this heading in this Act, up to 3 percent of funds
may be transferred to the ``Salaries and Expenses'' account for
administration and oversight activities: Provided further, That the
Secretary of Commerce is authorized to appoint and fix the compensation
of such temporary personnel as may be necessary to implement the
requirements under this heading in this Act, without regard to the
provisions of title 5, United States Code, governing appointments in
competitive service: Provided further, That within the amount
appropriated under this heading in this Act, $2,000,000 shall be
transferred to the ``Office of Inspector General'' account for carrying
out investigations and audits related to the funding provided under
this heading in this Act.
For an additional amount for ``Economic Development Assistance
Programs'' for grants authorized by sections 28 and 29 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a and
3722b), $618,000,000, to remain available until expended, of which
$459,000,000 shall be for grants under section 28 and $159,000,000
shall be for grants under section 29 in amounts determined by the
Secretary.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical Research
and Services'' to investigate the impacts of hurricanes, typhoons, and
wildfires in calendar year 2022 to support the development of
resilience standards with regard to weather and climate disasters, in
addition to the underlying research to support those standards, and for
necessary expenses to carry out investigations of building failures
pursuant to the National Construction Safety Team Act of 2002 (15
U.S.C. 7301), $40,000,000, to remain available until expended.
industrial technology services
For an additional amount for ``Industrial Technology Services'',
$27,000,000, to remain available until expended, to implement the
Research and Development, Competition, and Innovation Act (division B
of Public Law 117-167), of which $13,000,000 shall be for the Hollings
Manufacturing Extension Partnership, and of which $14,000,000 shall be
for the Manufacturing USA Program.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
hurricanes, typhoons, flooding, and wildfires in calendar year 2022,
$29,000,000, to remain available until September 30, 2024, for repair
and replacement of observing assets, real property, and equipment; for
marine debris assessment and removal; and for mapping, charting, and
geodesy services.
For an additional amount for ``Operations, Research, and
Facilities'', $62,000,000, to remain available until September 30,
2024, of which $20,000,000, to remain available until expended, shall
be to carry out activities described in title II of division JJ of the
Consolidated Appropriations Act, 2023 to support the adoption of
innovative fishing gear deployment and fishing techniques to reduce
entanglement risk to North Atlantic right whales, including through
cooperative agreements pursuant to the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for the acquisition of hurricane hunter aircraft and
related expenses as authorized under section 413(a) of the Weather
Research and Forecasting Innovation Act of 2017 (Public Law 115-25),
$327,701,000, to remain available until expended.
For an additional amount for ``Procurement, Acquisition and
Construction'', $108,838,000, to remain available until September 30,
2025.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$300,000,000, to remain available until expended: Provided, That such
funds shall be used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the Secretary of
Commerce.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$182,000,000, to remain available until expended.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair and replacement of National
Aeronautics and Space Administration facilities damaged by Hurricanes
Ian and Nicole or scheduled for derating due to deterioration,
$189,400,000, to remain available until expended.
For an additional amount for ``Construction and Environmental
Compliance and Restoration'', $367,000,000, to remain available until
September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities''
for necessary expenses related to damage to research facilities and
scientific equipment in calendar year 2022, including related to the
consequences of wildfires, $2,500,000, to remain available until
September 30, 2024.
For an additional amount for ``Research and Related Activities'',
$818,162,000, to remain available until September 30, 2024, of which
$210,000,000 shall be to implement the Research and Development,
Competition, and Innovation Act (division B of Public Law 117-167).
stem education
For an additional amount for ``STEM Education'', $217,000,000, to
remain available until September 30, 2024, of which $125,000,000 shall
be to implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167).
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of hurricanes, flooding, wildfires, and other extreme
weather that occurred during calendar year 2022, $20,000,000, to remain
available until September 30, 2023: Provided, That none of the funds
appropriated in this Act to the Legal Services Corporation shall be
expended for any purpose prohibited or limited by, or contrary to any
of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and
2023, respectively, and except that sections 501 and 503 of Public Law
104-134 (referenced by Public Law 105-119) shall not apply to the
amount made available under this heading in this Act: Provided
further, That, for the purposes of this Act, the Legal Services
Corporation shall be considered an agency of the United States.
GENERAL PROVISION--THIS TITLE
Sec. 2201. Unobligated balances from amounts made available in
paragraph (1) under the heading ``Procurement, Acquisition and
Construction'' in the Disaster Relief Supplemental Appropriations Act,
2022 (division B of Public Law 117-43) may be used for necessary
expenses related to the consequences of hurricanes and of wildfires in
calendar year 2022: Provided, That amounts repurposed pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$82,875,000, to remain available until September 30, 2023, for
necessary expenses related to the consequences of Hurricanes Ian and
Fiona.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $6,786,000, to remain available until September 30, 2023,
for necessary expenses related to the consequences of Hurricanes Ian
and Fiona.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $16,572,000, to remain available until September 30,
2023, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
that are currently authorized or that are authorized after the date of
enactment of this Act, to reduce risks from future floods and
hurricanes, at full Federal expense, $5,000,000, to remain available
until expended: Provided, That funds made available under this heading
in this Act shall be for high-priority studies of projects in States
and insular areas that were impacted by Hurricanes Ian, Fiona, and
Nicole: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act, including a list of study
locations, new studies selected to be initiated, the total cost for all
studies, the remaining cost for all ongoing studies, and a schedule by
fiscal year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress: Provided further, That beginning not later than 60 days
after the enactment of this Act, the Assistant Secretary of the Army
for Civil Works shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of the funds provided
under this heading in this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of Engineers
projects, construct Corps of Engineers projects, and rehabilitate and
repair damages caused by natural disasters to Corps of Engineers
projects, $261,300,000, to remain available until expended: Provided,
That funds made available in this paragraph in this Act are available
to construct flood and storm damage reduction, including shore
protection, projects which are currently authorized or which are
authorized after the date of enactment of this Act, and flood and storm
damage reduction, including shore protection, projects which have
signed Chief's Reports as of the date of enactment of this Act or which
are studied using funds provided under the heading ``Investigations''
of this Act if the Secretary determines such projects to be technically
feasible, economically justified, and environmentally acceptable, in
States and insular areas that were impacted by Hurricanes Ian, Fiona,
and Nicole: Provided further, That to the extent that ongoing
construction projects are constructed using funding pursuant to the
first proviso in this paragraph in this Act, such construction shall be
at full Federal expense: Provided further, That the Secretary may
initiate additional new construction starts with funds provided
pursuant to the first proviso in this paragraph in this Act: Provided
further, That using funds provided in this paragraph in this Act, the
non-Federal cash contribution for projects eligible for funding
pursuant to the first proviso in this paragraph in this Act shall be
financed in accordance with the provisions of section 103(k) of Public
Law 99-662 over a period of 30 years from the date of completion of the
project or separable element: Provided further, That funds made
available in this paragraph in this Act may be for ongoing projects
that have previously received funds under this heading in the Disaster
Relief Appropriations Act of 2013 (Public Law 113-2) and for which non-
Federal interests have entered into binding agreements with the
Secretary at the time of enactment of this Act: Provided further, That
projects receiving funds pursuant to the preceding proviso, shall be
subject to the terms and conditions of Disaster Relief Appropriations
Act of 2013 (Public Law 113-2): Provided further, That funds made
available in this paragraph in this Act may be for projects that have
previously received funds under this heading in the Bipartisan Budget
Act of 2018 (Public Law 115-123) and for which non-Federal interests
have entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Bipartisan Budget Act of 2018 (Public Law 115-123):
Provided further, That funds made available in this paragraph in this
Act may be used for projects that have previously received funds under
this heading in the Disaster Relief Supplemental Appropriations Act of
2022 (Public Law 117-43) and for which non-Federal interests have
entered into binding agreements with the Secretary at the time of
enactment of this Act: Provided further, That projects receiving funds
pursuant to the preceding proviso, shall be subject to the terms and
conditions of Disaster Relief Supplemental Appropriations Act of 2022
(Public Law 117-43): Provided further, That construction of ongoing
projects that have previously received funds under this heading from
the Disaster Relief Supplemental Appropriations Act of 2022 (Public Law
117-43) to complete certain features, useful increments of work, or
components of the project shall be at full Federal expense with respect
to funds provided to the project under this heading in such Act or in
this paragraph in this Act: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That for
projects receiving funding in this paragraph in this Act, the
limitation concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (Public Law 99-662), as amended,
shall not apply to funds provided in this paragraph in this Act:
Provided further, That any projects using funds appropriated in this
paragraph in this Act shall be initiated only after non-Federal
interests have entered into binding agreements with the Secretary
requiring, where applicable, the non-Federal interests to pay 100
percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the United
States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That within 60 days of enactment of this Act, the Chief of Engineers
shall submit directly to the House and Senate Committees on
Appropriations a detailed work plan for the funds provided in this
paragraph in this Act, including a list of project locations, new
construction projects selected to be initiated, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act:
Provided further, That amounts repurposed pursuant to this paragraph
that were previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of such concurrent
resolution and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
For an additional amount for ``Construction'', $297,200,000, to
remain available until expended: Provided, That of the funds made
available in this paragraph in this Act, $45,000,000 shall be for flood
and storm damage reduction: Provided further, That of the funds made
available in this paragraph in this Act, $36,575,000 shall be for flood
control: Provided further, That of the funds made available in this
paragraph in this Act, for flood and storm damage reduction and flood
control, $43,650,000 shall be to continue construction of projects that
principally address drainage in urban areas: Provided further, That of
the funds made available in this paragraph in this Act, $36,575,000
shall be for shore protection: Provided further, That of the funds
made available in this paragraph in this Act, $113,550,000 shall be for
major rehabilitation, construction, and related activities for rivers
and harbors navigation projects, of which $10,000,000 shall be for
authorized reimbursements: Provided further, That of the sums
appropriated in this paragraph in this Act, any sums as are necessary
to cover the Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be derived
from the Harbor Maintenance Trust Fund under section 101 or section 104
of the Water Resources and Development Act of 2020 shall be derived
from the general fund of the Treasury: Provided further, That of the
funds made available in this paragraph in this Act, $19,000,000 shall
be for other authorized project purposes, of which up to $11,900,000
shall be for the execution of comprehensive restoration plans developed
by the Corps for major bodies of water: Provided further, That of the
funds made available in this paragraph in this Act, $28,500,000 shall
be for environmental restoration or compliance: Provided further, That
of the funds made available in this paragraph in this Act, $18,000,000
shall be for water-related environmental infrastructure assistance to
make environmentally sound repairs and upgrades to water
infrastructure: Provided further, That within 60 days of enactment of
this Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act, including a list of project
locations, the total cost for all projects, and a schedule by fiscal
year of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects in response to, and rehabilitate and repair damages
caused by natural disasters to Corps of Engineers projects,
$15,500,000, to remain available until expended: Provided, That of the
amount provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and Senate
Committees on Appropriations a detailed work plan for the funds
provided under this heading in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided under this heading in this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused by
natural disasters, $324,000,000, to remain available until expended:
Provided, That of the amount provided in this paragraph in this Act,
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the general fund of the
Treasury: Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for the funds
provided in this paragraph in this Act: Provided further, That
beginning not later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this Act.
For an additional amount for ``Operation and Maintenance'',
$52,800,000, to remain available until expended: Provided, That of the
amount provided in this paragraph in this Act, $36,000,000 shall be for
necessary expenses at inland waterways projects: Provided further,
That of the amount provided in this paragraph in this Act, $16,800,000
shall be for other authorized project purposes: Provided further, That
within 60 days of enactment of this Act, the Chief of Engineers shall
submit directly to the House and Senate Committees on Appropriations a
detailed work plan for the funds provided in this paragraph in this
Act, including a list of project locations, the total cost for all
projects, and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane, and other natural disasters and support emergency
operations, repairs, and other activities in response to such
disasters, as authorized by law, $519,200,000, to remain available
until expended: Provided, That funding provided under this heading in
this Act and utilized for authorized shore protection projects shall
restore such projects to the full project profile at full Federal
expense: Provided further, That beginning not later than 60 days after
the enactment of this Act, the Chief of Engineers shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these fund provided under this heading in this Act.
expenses
For an additional amount for ``Expenses'' for necessary expenses to
administer and oversee the obligation and expenditure of amounts
provided in this Act for the Corps of Engineers, $5,000,000, to remain
available until expended: Provided, That beginning not later than 60
days after the enactment of this Act, the Chief of Engineers shall
provide a quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these fund provided under this heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity
For an additional amount for ``Electricity'', $1,000,000,000, to
remain available until expended, to carry out activities to improve the
resilience of the Puerto Rican electric grid, including grants for low
and moderate income households and households that include individuals
with disabilities for the purchase and installation of renewable
energy, energy storage, and other grid technologies: Provided, That
the Department of Energy shall coordinate with the Federal Emergency
Management Agency and the Department of Housing and Urban Development
on these activities.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'',
$520,000,000, to remain available until expended, for the purchase of
power and transmission services: Provided, That the amount made
available under this heading in this Act shall be derived from the
general fund of the Treasury and shall be reimbursable from amounts
collected by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses: Provided further, That
of the amount made available under this heading in this Act, up to
$100,000,000 may be transferred to Western Area Power Administration's
Colorado River Basins Power Marketing Fund account to be used for the
same purposes as outlined under this heading.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $36,788,390, to remain available until expended, for necessary
expenses related to the consequences of Hurricane Ian, for repair and
alteration of buildings under the jurisdiction, custody and control of
the Administrator of General Services, and real property management and
related activities not otherwise provided for: Provided, That the
amount provided under this heading in this Act may be used to reimburse
the Fund for obligations incurred for this purpose prior to the date of
the enactment of this Act.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, $858,000,000, to remain available until expended, of
which $8,000,000 shall be transferred to and merged with ``Office of
Inspector General'' for audits and reviews of disaster loans and the
disaster loans programs; and of which $850,000,000 may be transferred
to and merged with ``Salaries and Expenses'' for administrative
expenses to carry out the disaster loan program or any disaster loan
authorized by section 7(b) of the Small Business Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$39,250,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Fiona and
Ian.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $115,500,000, to remain available until September 30,
2027, for necessary expenses related to the consequences of Hurricanes
Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$5,000,000,000, to remain available until expended, for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), of which $13,000,000
shall be transferred to ``Office of the Inspector General--Operations
and Support'' for audits and investigations of activities funded under
this heading.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon Fire
Assistance Account'', $1,450,000,000, to remain available until
expended, to carry out the Hermit's Peak/Calf Canyon Fire Assistance
Act, of which $1,000,000 shall be transferred to ``Office of the
Inspector General--Operations and Support'' for oversight of activities
authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act:
Provided, That the amounts provided under this heading in this Act
shall be subject to the reporting requirement in the third proviso of
section 136 of the Continuing Appropriations Act, 2023 (division A of
Public Law 117-180).
GENERAL PROVISIONS--THIS TITLE
Sec. 2601. Notwithstanding sections 104(c) and (d) of the Hermit's
Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117-
180), the Federal Emergency Management Agency may compensate for the
replacement of water treatment facilities, to the extent necessitated
by the Hermit's Peak/Calf Canyon Fire, in lieu of compensating for
temporary injury, in an amount not to exceed $140,000,000 from funds
made available under the heading ``Hermit's Peak/Calf Canyon Fire
Assistance Account'' in this Act or in section 136 of the Continuing
Appropriations Act, 2023 (division A of Public Law 117-180).
Sec. 2602. For necessary expenses related to providing customs and
immigration inspection and pre-inspection services at, or in support of
ports of entry, pursuant to section 1356 of title 8, United States
Code, and section 58c(f) of title 19, United States Code, and in
addition to any other funds made available for this purpose, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $309,000,000, to offset the loss of Immigration User Fee
receipts collected pursuant to section 286(h) of the Immigration and
Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs
services collected pursuant to paragraphs (1) through (8) and paragraph
(10) of subsection (a) of section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and
(a)(10)).
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $247,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023, including winter storm
damages at Midway Atoll National Wildlife Refuge.
National Park Service
construction
For an additional amount for ``Construction'', $1,500,000,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $41,040,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and prior to
calendar year 2023.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$44,500,000, to remain available until expended, for necessary expenses
related to the consequences of wildfires, hurricanes, and other natural
disasters occurring in and prior to calendar year 2023.
construction
For an additional amount for ``Construction'', $2,500,000, to
remain available until expended, for necessary expenses related to the
consequences of wildfires, hurricanes, and other natural disasters
occurring in and prior to calendar year 2023.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$90,465,000, to remain available until expended, for necessary expenses
related to the consequences of flooding at the To'Hajiilee Community
School.
Departmental Offices
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$75,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$429,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $383,657,000 shall
be available for wildfire suppression operations, and is provided to
meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$45,343,000 shall be available for fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage Tank
Trust Fund Program'', $1,000,000, to remain available until expended,
for necessary expenses related to the consequences of Hurricanes Fiona
and Ian.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $1,067,210,000, to remain available until expended, of which
$665,210,000 shall be for capitalization grants for the Clean Water
State Revolving Funds under title VI of the Federal Water Pollution
Control Act, and of which $402,000,000 shall be for capitalization
grants under section 1452 of the Safe Drinking Water Act: Provided,
That notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act,
funds appropriated under this paragraph in this Act shall be provided
to States or Territories in EPA Regions 2 and 4 in amounts determined
by the Administrator for wastewater treatment works and drinking water
facilities impacted by Hurricanes Fiona and Ian: Provided further,
That States or Territories shall prioritize funds, as appropriate, to
Tribes and disadvantaged communities: Provided further, That
notwithstanding the requirements of section 603(i) of the Federal Water
Pollution Control Act and section 1452(d) of the Safe Drinking Water
Act, for the funds appropriated under this paragraph in this Act, each
State shall use 100 percent of the amount of its capitalization grants
to provide additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or grants, or any
combination of these: Provided further, That the funds appropriated
under this paragraph in this Act shall be used for eligible projects
whose purpose is to reduce flood or fire damage risk and vulnerability
or to enhance resiliency to rapid hydrologic change or natural disaster
at treatment works, as defined by section 212 of the Federal Water
Pollution Control Act, or any eligible facilities under section 1452 of
the Safe Drinking Water Act, and for other eligible tasks at such
treatment works or facilities necessary to further such purposes:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
funds provided under this paragraph in this Act shall not be subject to
the matching or cost share requirements of sections 602(b)(2),
602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided
further, That the Administrator of the Environmental Protection Agency
may retain up to $1,000,000 of the funds appropriated under this
paragraph in this Act for management and oversight.
For an additional amount for ``State and Tribal Assistance
Grants'', $150,000,000, to remain available until expended, for
technical assistance and grants under section 1442(b) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(b)) in areas where the President
declared an emergency in August of fiscal year 2022 pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That the Administrator of the
Environmental Protection Agency may retain up to three percent of the
amounts made available under this paragraph in this Act for salaries,
expenses, and administration: Provided further, That the agency shall
submit an annual report to the Committees on Appropriations until all
funds have been obligated, with a status on the use of funds for this
effort.
For an additional amount for ``State and Tribal Assistance
Grants'', $450,000,000, to remain available until expended, for
capitalization grants under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12): Provided, That notwithstanding section
1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under
this paragraph in this Act shall be provided to States or Territories
in EPA Region 4 in amounts determined by the Administrator in areas
where there the President declared an emergency in August of fiscal
year 2022 pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That notwithstanding the requirements of section 1452(d) of the Safe
Drinking Water Act, for the funds appropriated under this paragraph in
this Act, each State shall use 100 percent of the amount of its
capitalization grants to provide additional subsidization to eligible
recipients in the form of forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through buying,
refinancing, or restructuring debt or any combination thereof:
Provided further, That the funds provided under this paragraph in this
Act shall not be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided further, That
the Administrator of the Environmental Protection Agency may retain up
to $1,000,000 of the funds appropriated under this paragraph in this
Act for management and oversight.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$2,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2020, 2021, and 2022
wildfires, hurricanes, and other natural disasters.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$148,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters: Provided,
That of the amounts made available under this heading in this Act, up
to $20,000,000 is for grants to states to support economic recovery
activities in communities damaged by wildfire: Provided further, That
of the amounts made available under this heading in this Act, no less
than $100,000,000 is for cooperative lands forest management
activities.
national forest system
For an additional amount for ``National Forest System'',
$210,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2020, 2021, and
2022 wildfires, hurricanes, and other natural disasters, including for
high priority post-wildfire restoration for watershed protection,
public access and critical habitat, hazardous fuels mitigation for
community protection, and burned area recovery.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $150,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2020,
2021, and 2022 wildfires, hurricanes, and other natural disasters.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$375,000,000, to remain available until expended, for wildland fire
suppression activities.
For an additional amount for ``Wildland Fire Management'',
$1,171,000,000, to remain available until expended: Provided, That of
the funds provided under this paragraph in this Act, $1,011,000,000
shall be available for wildfire suppression operations, and is provided
to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022: Provided
further, That of the funds provided under this paragraph in this Act,
$160,000,000 shall be available for forest fire presuppression.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $86,000,000, to remain available until September 30, 2024,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian: Provided, That funds appropriated under this
heading in this Act may be made available to restore amounts, either
directly or through reimbursement, for obligations incurred for such
purposes, prior to the date of enactment of this Act.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'', $2,500,000, to remain available until expended, for
necessary expenses in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986 related to the
consequences of major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in 2022.
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$25,000,000, to remain available until September 30, 2024, for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided, That funds appropriated under this heading in
this Act may be made available to restore amounts, either directly or
through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act: Provided further, That
funds appropriated under this heading in this Act may be transferred to
the accounts of Institutes and Centers of the National Institutes of
Health (NIH): Provided further, That this transfer authority is in
addition to any other transfer authority available to the NIH.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy Assistance'',
$1,000,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided,
That of the funds made available under this heading in this Act,
$500,000,000 shall be allocated as though the total appropriation for
such payments for fiscal year 2023 was less than $1,975,000,000.
For an additional amount for ``Low Income Home Energy Assistance'',
$2,500,000,000, to remain available until September 30, 2023, for
making payments under subsection (b) of section 2602 of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $100,000,000, to remain available
through September 30, 2024, for necessary expenses directly related to
the consequences of Hurricanes Fiona and Ian, including activities
authorized under section 319(a) of the Public Health Service Act:
Provided, That the Secretary shall allocate such funds to States,
Territories, and tribes based on assessed need notwithstanding sections
658J and 658O of the Child Care and Development Block Grant Act of
1990: Provided further, That not to exceed 2 percent of funds
appropriated under this heading in this Act may be reserved, to remain
available until expended, for Federal administration costs: Provided
further, That such funds may be used for alteration, renovation,
construction, equipment, and other capital improvement costs, including
for child care facilities without regard to section 658F(b) of such
Act, and for other expenditures related to child care, as necessary to
meet the needs of areas affected by Hurricanes Fiona and Ian: Provided
further, That funds made available under this heading in this Act may
be used without regard to section 658G of such Act and with amounts
allocated for such purposes excluded from the calculation of
percentages under subsection 658E(c)(3) of such Act: Provided further,
That notwithstanding section 658J(c) of such Act, funds allotted to a
State may be obligated by the State in that fiscal year or the
succeeding three fiscal years: Provided further, That Federal interest
provisions will not apply to the renovation or construction of
privately-owned family child care homes, and the Secretary shall
develop parameters on the use of funds for family child care homes:
Provided further, That the Secretary shall not retain Federal interest
after a period of 10 years (from the date on which the funds are made
available to purchase or improve the property) in any facility
renovated or constructed with funds made available under this heading
in this Act: Provided further, That funds made available under this
heading in this Act shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under a contract
for insurance, or by self-insurance: Provided further, That funds
appropriated under this heading in this Act may be made available to
restore amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of enactment
of this Act.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $408,000,000, to remain available until September 30, 2027,
for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act: Provided, That $345,000,000
of the amount provided under this heading in this Act shall be for Head
Start programs, including making payments under the Head Start Act:
Provided further, That none of funds made available in the preceding
proviso shall be included in the calculation of the ``base grant'' in
subsequent fiscal years, as such term is defined in sections
640(a)(7)(A) of the Head Start Act: Provided further, That funds made
available in first proviso are not subject to the allocation
requirements of section 640(a) of the Head Start Act or the matching
requirements of section 640(b) of such Act: Provided further, That
$10,000,000 of the amount provided under this heading in this Act shall
be for payments to States, Territories, and tribes for activities
authorized under subpart 1 of part B of title IV of the Social Security
Act, with such funds allocated based on assessed need notwithstanding
section 423 of such Act and paid without regard to percentage
limitations in subsections (a), (c), or (e) in section 424 of such Act:
Provided further, That $10,000,000 of the amount provided under this
heading in this Act shall be for payments to States, Territories,
tribes, and coalitions for carrying out sections 303(a) and 303(b) of
the Family Violence Prevention and Services Act, notwithstanding the
matching requirements in section 306(c)(4) of such Act and allocated
based on assessed need, notwithstanding section 303(a)(2) of such Act:
Provided further, That the Secretary may make funds made available
under the preceding proviso available for providing temporary housing
and assistance to victims of family, domestic, and dating violence:
Provided further, That funds made available by the fifth proviso shall
be available for expenditure, by a State, Territory, tribe, coalition,
or any recipient of funds from a grant, through the end of fiscal year
2027: Provided further, That $25,000,000 of the amount made available
under this heading in this Act shall be for payments to States,
territories, and tribes authorized under the Community Services Block
Grant Act, with such funds allocated based on assessed need,
notwithstanding sections 674(b), 675A, and 675B of such Act: Provided
further, That notwithstanding section 676(b)(8) of the Community
Services Block Grant Act, each State, Territory, or tribe receiving
funds made available under the preceding proviso may allocate funds to
eligible entities based on assessed need: Provided further, That for
services furnished under the CSBG Act with funds appropriated under
this heading in this Act, a State, territory or tribe that receives a
supplemental grant award may apply the last sentence of section 673(2)
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That funds made available under this heading in this
Act may be used for alteration, renovation, construction, equipment,
and other capital improvement costs as necessary to meet the needs of
areas affected by Hurricanes Fiona and Ian: Provided further, That the
Secretary shall not retain Federal interest after a period of 10 years
(from the date on which the funds are made available to purchase or
improve the property) in any facility renovated, repaired, or rebuilt
with funds appropriated under this heading in this Act, with the
exception of funds appropriated for Head Start programs: Provided
further, That funds made available under this heading in this Act shall
not be available for costs that are reimbursed by the Federal Emergency
Management Agency, under a contract for insurance, or by self-
insurance: Provided further, That up to $18,000,000, to remain
available until expended, shall be available for Federal administrative
expenses: Provided further, That funds appropriated under this heading
in this Act may be made available to restore amounts, either directly
or through reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $128,792,000, to remain available until September 30,
2024, for necessary expenses directly related to the consequences of
Hurricanes Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act (referred to under this heading
as the ``PHS Act''): Provided, That funds made available under this
heading in this Act may be used for alteration, renovation,
construction, equipment, and other capital improvement costs as
necessary to meet the needs of areas affected by Hurricanes Fiona and
Ian: Provided further, That funds made available under this heading in
this Act may be used for the purchase or hire of vehicles: Provided
further, That of the amount made available under this heading in this
Act, $65,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'' for expenses directly
related to a disaster or emergency for disaster response and recovery,
for the Health Centers Program under section 330 of the PHS Act,
including alteration, renovation, construction, equipment, and other
capital improvement costs as necessary to meet the needs of areas
affected by a disaster or emergency: Provided further, That the time
limitation in section 330(e)(3) of the PHS Act shall not apply to funds
made available under the preceding proviso: Provided further, That of
the amount made available under this heading in this Act, not less than
$22,000,000 shall be transferred to ``Substance Abuse and Mental Health
Services Administration--Health Surveillance and Program Support'' for
grants, contracts, and cooperative agreements for behavioral health
treatment (including screening and diagnosis), treatment of substance
use disorders (including screening and diagnosis), crisis counseling,
and other related helplines, and for other similar programs to provide
support to individuals impacted by a disaster or emergency: Provided
further, That of the amount made available under this heading in this
Act, not less than $15,000,000 shall be transferred to ``Administration
for Community Living--Aging and Disability Services Programs'' for
necessary expenses directly related to the consequences of Hurricanes
Fiona and Ian: Provided further, That funds made available under the
preceding proviso are not subject to the allotment, reservation,
matching, or application and State and area requirements of the Older
Americans Act of 1965 and Rehabilitation Act of 1973: Provided
further, That of the amount made available under this heading in this
Act, not less than $392,000 shall be transferred to ``Food and Drug
Administration--Buildings and Facilities'' for costs related to repair
of facilities, for replacement of equipment, and for other increases in
facility-related costs due to the consequences of Hurricanes Fiona and
Ian: Provided further, That of the amount made available under this
heading in this Act, up to $2,000,000, to remain available until
expended, shall be transferred to ``Office of the Secretary--Office of
Inspector General'' for oversight of activities responding to such
disasters or emergencies.
GENERAL PROVISIONS--THIS TITLE
Sec. 2801. (a) In General.--As the Secretary of Health and Human
Services determines necessary to respond to a critical hiring need for
emergency response positions, after providing public notice and without
regard to the provisions of sections 3309 through 3319 of title 5,
United States Code, the Secretary may appoint candidates directly to
the following positions, consistent with subsection (b), to perform
critical work directly relating to the consequences of Hurricanes Fiona
and Ian:
(1) Intermittent disaster-response personnel in the National
Disaster Medical System, under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall expire
270 days after the date of enactment of this section.
Sec. 2802. Not later than 45 days after the date of enactment of
this Act, the agencies receiving funds appropriated by this title shall
provide a detailed operating plan of anticipated uses of funds made
available in this title by State and Territory, and by program,
project, and activity, to the Committees on Appropriations: Provided,
That no such funds shall be obligated before the operating plans are
provided to the Committees: Provided further, That such plans shall be
updated, including obligations to date and anticipated use of funds
made available in this title, and submitted to the Committees on
Appropriations biweekly until all such funds are expended.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $41,040,000, to remain available until September 30,
2025, for necessary expenses related to the consequences of Hurricanes
Ian and Fiona: Provided, That, not later than 60 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for planning and design and military
construction projects not otherwise authorized by law.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$803,000,000, to remain available until expended: Provided, That
notwithstanding subsection (e) of section 120 of title 23, United
States Code, for this fiscal year and hereafter, the Federal share for
Emergency Relief funds made available under section 125 of such title
to respond to damage caused by Hurricane Fiona, shall be 100 percent.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for ``Public Transportation Emergency
Relief Program'' as authorized under section 5324 of title 49, United
States Code, $213,905,338, to remain available until expended, for
transit systems affected by major declared disasters occurring in
calendar years 2017, 2020, 2021, and 2022: Provided, That not more
than three-quarters of 1 percent of the funds for public transportation
emergency relief shall be available for administrative expenses and
ongoing program management oversight as authorized under sections 5334
and 5338(c)(2) of such title and shall be in addition to any other
appropriations for such purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental Assistance'',
$2,653,580,000, to remain available until expended, for activities
specified in paragraph (1) (excluding any set-asides) of such heading
in title II of division L of this consolidated Act.
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$3,000,000,000, to remain available until expended, for the same
purposes and under the same terms and conditions as funds appropriated
under such heading in title VIII of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43), except that
such amounts shall be for major disasters that occurred in 2022 or
later until such funds are fully allocated and the fourth, twentieth,
and twenty-first provisos under such heading in such Act shall not
apply: Provided, That amounts made available under this heading in
this Act and under such heading in such Act may be used by a grantee to
assist utilities as part of a disaster-related eligible activity under
section 105(a) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(a)): Provided further, That of the amounts made available
under this heading in this Act, up to $10,000,000 shall be made
available for capacity building and technical assistance, including
assistance on contracting and procurement processes, to support States,
units of general local government, or Indian tribes (and their
subrecipients) that receive allocations related to major disasters
under this heading in this, prior, or future Acts: Provided further,
That of the amounts made available under this heading in this Act, up
to $5,000,000 shall be transferred to ``Department of Housing and Urban
Development--Program Office Salaries and Expenses--Community Planning
and Development'' for necessary costs, including information technology
costs, of administering and overseeing the obligation and expenditure
of amounts made available under this heading in this Act or any prior
or future Act that makes amounts available for purposes related to
major disasters under such heading: Provided further, That the amount
specified in the preceding proviso shall be combined with funds
appropriated under this same heading for this same purpose in any prior
Acts and the aggregate of such amounts shall be available for the costs
of administering and overseeing any funds appropriated to the
Department related to major disasters in this, prior, or future Acts,
notwithstanding the purposes for which such funds were appropriated:
Provided further, That of the amounts made available under this heading
in this Act, up to $5,000,000 shall be transferred to ``Department of
Housing and Urban Development--Office of the Inspector General'' for
necessary costs of overseeing and auditing amounts made available under
this heading in this Act or any prior or future Act that makes amounts
available for purposes related to major disasters under such heading:
Provided further, That amounts repurposed under this heading that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated by the
Congress as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on June 8,
2022.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental Assistance'',
$969,420,000, to remain available until expended.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 21101. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 21102. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 21103. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2023.
Sec. 21104. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section 1(e) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
This division may be cited as the ``Disaster Relief Supplemental
Appropriations Act, 2023''.
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
TITLE I--NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION
EXTENSION
SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``the date that is 7 years
after the date of enactment of this Act'' and inserting ``September 30,
2023''.
TITLE II--NDAA TECHNICAL CORRECTIONS
SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.
(a) In General.--Subsection (a) of section 611 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 is
amended--
(1) in the matter preceding paragraph (1), by striking
``402b(b)'' and inserting ``402b'';
(2) by striking paragraph (1) and inserting the following:
``(1) in subsection (b)(2)--
``(A) by inserting `(A)' before `the gross';
``(B) by striking `130 percent' and inserting `150
percent';
``(C) by striking `; and' and inserting `; or'; and
``(D) by inserting at the end the following:
```(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance), the
gross household income of the member during the most recent
calendar year did not exceed an amount equal to 200 percent of the
Federal poverty guidelines of the Department of Health and Human
Services for the location of the member and the number of
individuals in the household of the member for such year; and';
and''; and
(3) by striking paragraph (2) and inserting the following:
``(2) in subsection (c)(1)(A), by striking `130 percent' and
inserting `150 percent (or, in the case of a member described in
subsection (b)(2)(B), 200 percent)'.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of such Act.
SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF
AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTING BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) In General.--Section 553 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 is amended by adding at
the end the following new subsection:
``(d) Applicability.--The amendments made by this section shall
only apply with respect to a cadet or midshipman who first enrolls in
the United States Military Academy, the United States Naval Academy, or
the United States Air Force Academy on or after June 1, 2021.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 and apply as if
originally included in the enactment of such Act.
TITLE III--IMMIGRATION EXTENSIONS
SEC. 301. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2023'' for ``September 30, 2015''.
SEC. 302. NON-MINISTER RELIGIOUS WORKERS.
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be
applied by substituting ``September 30, 2023'' for ``September 30,
2015''.
SEC. 303. H-2B SUPPLEMENTAL VISAS EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon determining that the needs of
American businesses cannot be satisfied during fiscal year 2023 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
SEC. 304. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2023'' for ``September 30, 2015''.
TITLE IV--ENVIRONMENT AND PUBLIC WORKS MATTERS
SEC. 401. ESTABLISHMENT OF REGIONAL COMMISSION FOR THE GREAT LAKES.
(a) Establishment.--
(1) In general.--Section 15301(a) of title 40, United States
Code, is amended by adding at the end the following:
``(4) The Great Lakes Authority.''.
(2) Conforming amendment.--Section 15101(1) of title 40, United
States Code, is amended by inserting ``or Authority'' after ``a
Commission''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code, is amended by adding at the end the following:
``Sec. 15734. Great Lakes Authority
``The region of the Great Lakes Authority shall consist of areas in
the watershed of the Great Lakes and the Great Lakes System (as such
terms are defined in section 118(a)(3) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:
``(1) Illinois.
``(2) Indiana.
``(3) Michigan.
``(4) Minnesota.
``(5) New York.
``(6) Ohio.
``(7) Pennsylvania.
``(8) Wisconsin.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code, is amended by adding
at the end the following:
``15734. Great Lakes Authority.''.
SEC. 402. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM
VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP, AND REFUGE EDUCATION
PROGRAMS.
Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f)
is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 404. PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.
(a) In General.--Section 120 of the Federal Water Pollution Control
Act (33 U.S.C. 1270) is amended--
(1) in the section heading, by inserting ``patrick leahy''
before ``lake'';
(2) by inserting ``Patrick Leahy'' before ``Lake Champlain
Basin Program'' each place it appears;
(3) in subsection (g)(1), in the paragraph heading, by striking
``Lake'' and inserting ``Patrick leahy lake''; and
(4) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $35,000,000
for each of fiscal years 2023 through 2027, to remain available until
expended.''.
(b) Conforming Amendment.--Section 1201(c) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended by inserting ``Patrick Leahy'' before ``Lake Champlain Basin
Program''.
(c) References.--Any reference in law, regulation, map, document,
paper, or other record of the United States to the ``Lake Champlain
Basin Program'' shall be deemed to be a reference to the Patrick Leahy
Lake Champlain Basin Program.
SEC. 405. CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by inserting ``, lease, license, or contract
for service'' after ``to sell''; and
(II) by inserting ``, lease, license, or contract
for service'' after ``that own''; and
(ii) in subparagraph (B), by inserting ``, lease,
license, or contract for service'' before the period at the
end; and
(B) in paragraph (5)(A)--
(i) in clause (i)(II), by inserting ``, lease, license,
or contract for service'' after ``purchase'';
(ii) in clause (iii), by striking ``or'' at the end;
(iii) by redesignating clause (iv) as clause (v);
(iv) by inserting after clause (iii) the following:
``(iv) a charter school (as defined in section 4310 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i)) responsible for the purchase, lease,
license, or contract for service of school buses for that
charter school; or''; and
(v) in subclause (II) of clause (v) (as so
redesignated), by inserting ``, lease, license, or contract
for service'' after ``purchase''; and
(2) in subsection (b)(5)(A), by inserting ``, except that, if
the award is to an eligible contractor and the contract with the
local educational agency (including charter schools operating as
local educational agencies under State law) ends before the end of
the 5-year period, those school buses may be operated as part of
another local educational agency eligible for the same or higher
priority consideration under paragraph (4), subject to the
limitations under paragraph (7)'' before the semicolon at the end.
TITLE V--SAFETY ENHANCEMENTS
SEC. 501. AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIREMENTS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by inserting after section 44743 the following:
``Sec. 44744. Flight crew alerting
``(a) In General.--Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category
airplane unless such airplane incorporates a flight crew alerting
system that, at a minimum--
``(1) displays and differentiates among warnings, cautions, and
advisories; and
``(2) includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems failures.
``(b) Limitation.--The prohibition in subsection (a) shall not
apply to any application for an original or amended type certificate
that was submitted to the Administrator prior to December 27, 2020.
``(c) Safety Enhancements.--
``(1) Restriction on airworthiness certificate issuance.--
Beginning on the date that is 1 year after the date on which the
Administrator issues a type certificate for the Boeing 737-10, the
Administrator may not issue an original airworthiness certificate
for any Boeing 737 MAX aircraft unless the Administrator finds that
the type design for the aircraft includes safety enhancements that
have been approved by the Administrator.
``(2) Restriction on operation.--Beginning on the date that is
3 years after the date on which the Administrator issues a type
certificate for the Boeing 737-10, no person may operate a Boeing
737 MAX aircraft unless--
``(A) the type design for the aircraft includes safety
enhancements approved by the Administrator; and
``(B) the aircraft was--
``(i) produced in conformance with such type design; or
``(ii) altered in accordance with such type design.
``(d) Definitions.--In this section:
``(1) Boeing 737 max aircraft.--The term `Boeing 737 MAX
aircraft' means any--
``(A) Model 737 series aircraft designated as a 737-7, 737-
8, 737-8200, 737-9, or 737-10; or
``(B) other variant of a model described in subparagraph
(A).
``(2) Safety enhancement.--The term `safety enhancement' means
any design change to the flight crew alerting system approved by
the Administrator for the Boeing 737-10, including--
``(A) a--
``(i) synthetic enhanced angle-of-attack system; and
``(ii) means to shut off stall warning and overspeed
alerts; or
``(B) any design changes equivalent to subparagraph (A)
determined appropriate by the Administrator.''.
(b) Repeal of ACSAA Section 116(b)(1).--Section 116 of the Aircraft
Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is
amended by striking subsection (b) and inserting the following:
``(b) Prohibition.--Beginning on December 27, 2022, the
Administrator may not issue a type certificate for a transport category
aircraft unless, in the case of a transport category aircraft other
than a transport airplane, the type certificate applicant provides a
means acceptable to the Administrator to assist the flight crew in
prioritizing corrective actions and responding to systems failures
(including by cockpit or flight manual procedures).''.
(c) Costs.--Any costs associated with the safety enhancements
required by section 44744 of title 49, United States Code, as added by
subsection (a), shall be borne by the holder of the type certificate.
(d) Congressional Briefings.--Not later than March 1, 2023, and on
a quarterly basis thereafter, the Administrator shall brief Congress on
the status of--
(1) the issuance of a type certificate for the Boeing 737-7 and
737-10, including any design enhancements, pilot procedures, or
training requirements resulting from system safety assessments; and
(2) the implementation of safety enhancements for Boeing 737
MAX aircraft, as required by section 44744 of title 49, United
States Code, as added by subsection (a).
(e) Clerical Amendment.--The chapter analysis for chapter 447 of
title 49, United States Code, is amended by inserting after the item
relating to section 44743 the following:
``44744. Flight Crew Alerting.''.
TITLE VI--EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES
SEC. 601. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act (Public Law 116-114), section 2 of such Act is amended by
striking ``December 31, 2022''and inserting ``December 31, 2024''.
TITLE VII--FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY
AND SAFETY AUTHORITY
SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING
INTEGRITY AND SAFETY AUTHORITY.
Section 1204(e) of the Horseracing Integrity and Safety Act of 2020
(15 U.S.C. 3053(e)) is amended to read as follows:
``(e) Amendment by Commission of Rules of Authority.--The
Commission, by rule in accordance with section 553 of title 5, United
States Code, may abrogate, add to, and modify the rules of the
Authority promulgated in accordance with this Act as the Commission
finds necessary or appropriate to ensure the fair administration of the
Authority, to conform the rules of the Authority to requirements of
this Act and applicable rules approved by the Commission, or otherwise
in furtherance of the purposes of this Act.''.
TITLE VIII--UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) Short Title.--This section may be cited as the ``United States
Parole Commission Additional Extension Act of 2022''.
(b) Amendment of Sentencing Reform Act of 1984.--For purposes of
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551
note; Public Law 98-473; 98 Stat. 2032), as such section relates to
chapter 311 of title 18, United States Code, and the United States
Parole Commission, each reference in such section to ``35 years and 46
days'' or ``35-year and 46-day period'' shall be deemed a reference to
``36 years'' or ``36-year period'', respectively.
(c) Effective Date.--Subsection (b) shall take effect as though
enacted as part of the Further Continuing Appropriations and Extensions
Act, 2023.
(d) Superseded Provision.--Section 103 of division B of the Further
Continuing Appropriations and Extensions Act, 2023 shall have no force
or effect.
TITLE IX--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``December 23, 2022'' and inserting
``March 9, 2023''.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) Balances on the PAYGO Scorecards.--
(1) Fiscal year 2023.--For the purposes of the annual report
issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 934) after adjournment of the second session of the
117th Congress, and for determining whether a sequestration order
is necessary under such section, the debit for the budget year on
the 5-year scorecard, if any, and the 10-year scorecard, if any,
shall be deducted from such scorecards in 2023 and added to such
scorecards in 2025.
(2) Fiscal year 2024.--For the purposes of the annual report
issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 934) after adjournment of the first session of the
118th Congress, and for determining whether a sequestration order
is necessary under such section, the debit for the budget year on
the 5-year scorecard, if any, and the 10-year scorecard, if any,
shall be deducted from such scorecards in 2024 and added to such
scorecards in 2025.
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
SEC. 1. SHORT TITLE, ETC.
This division may be cited as the ``Electoral Count Reform and
Presidential Transition Improvement Act of 2022''.
TITLE I--ELECTORAL COUNT REFORM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Electoral Count Reform Act of
2022''.
SEC. 102. TIME FOR APPOINTING ELECTORS.
(a) In General.--Title 3, United States Code, is amended by
striking sections 1 and 2 and inserting the following:
``Sec. 1. Time of appointing electors
``The electors of President and Vice President shall be appointed,
in each State, on election day, in accordance with the laws of the
State enacted prior to election day.''.
(b) Election Day.--Section 21 of title 3, United States Code, is
amended by redesignating subsections (a) and (b) as paragraphs (2) and
(3), respectively, and by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `election day' means the Tuesday next after the first
Monday in November, in every fourth year succeeding every election
of a President and Vice President held in each State, except, in
the case of a State that appoints electors by popular vote, if the
State modifies the period of voting, as necessitated by force
majeure events that are extraordinary and catastrophic, as provided
under laws of the State enacted prior to such day, `election day'
shall include the modified period of voting.''.
(c) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 1 and inserting the following:
``1. Time of appointing electors.''.
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL
COLLEGE.
Section 4 of title 3, United States Code, is amended by inserting
``enacted prior to election day'' after ``by law''.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF ELECTORS.
(a) Determination.--Section 5 of title 3, United States Code, is
amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of electors
``(a) In General.--
``(1) Certification.--Not later than the date that is 6 days
before the time fixed for the meeting of the electors, the
executive of each State shall issue a certificate of ascertainment
of appointment of electors, under and in pursuance of the laws of
such State providing for such appointment and ascertainment enacted
prior to election day.
``(2) Form of certificate.--Each certificate of ascertainment
of appointment of electors shall--
``(A) set forth the names of the electors appointed and the
canvass or other determination under the laws of such State of
the number of votes given or cast for each person for whose
appointment any and all votes have been given or cast;
``(B) bear the seal of the State; and
``(C) contain at least one security feature, as determined
by the State, for purposes of verifying the authenticity of
such certificate.
``(b) Transmission.--It shall be the duty of the executive of each
State--
``(1) to transmit to the Archivist of the United States,
immediately after the issuance of a certificate of ascertainment of
appointment of electors and by the most expeditious method
available, such certificate of ascertainment of appointment of
electors; and
``(2) to transmit to the electors of such State, on or before
the day on which the electors are required to meet under section 7,
six duplicate-originals of the same certificate.
``(c) Treatment of Certificate as Conclusive.--For purposes of
section 15:
``(1) In general.--
``(A) Certificate issued by executive.--Except as provided
in subparagraph (B), a certificate of ascertainment of
appointment of electors issued pursuant to subsection (a)(1)
shall be treated as conclusive in Congress with respect to the
determination of electors appointed by the State.
``(B) Certificates issued pursuant to court orders.--Any
certificate of ascertainment of appointment of electors
required to be issued or revised by any State or Federal
judicial relief granted prior to the date of the meeting of
electors shall replace and supersede any other certificates
submitted pursuant to this section.
``(2) Determination of federal questions.--The determination of
Federal courts on questions arising under the Constitution or laws
of the United States with respect to a certificate of ascertainment
of appointment of electors shall be conclusive in Congress.
``(d) Venue and Expedited Procedure.--
``(1) In general.--Any action brought by an aggrieved candidate
for President or Vice President that arises under the Constitution
or laws of the United States with respect to the issuance of the
certification required under section (a)(1), or the transmission of
such certification as required under subsection (b), shall be
subject to the following rules:
``(A) Venue.--The venue for such action shall be the
Federal district court of the Federal district in which the
State capital is located.
``(B) 3-judge panel.--Such action shall be heard by a
district court of three judges, convened pursuant to section
2284 of title 28, United States Code, except that--
``(i) the court shall be comprised of two judges of the
circuit court of appeals in which the district court lies
and one judge of the district court in which the action is
brought; and
``(ii) section 2284(b)(2) of such title shall not
apply.
``(C) Expedited procedure.--It shall be the duty of the
court to advance on the docket and to expedite to the greatest
possible extent the disposition of the action, consistent with
all other relevant deadlines established by this chapter and
the laws of the United States.
``(D) Appeals.--Notwithstanding section 1253 of title 28,
United States Code, the final judgment of the panel convened
under subparagraph (B) may be reviewed directly by the Supreme
Court, by writ of certiorari granted upon petition of any party
to the case, on an expedited basis, so that a final order of
the court on remand of the Supreme Court may occur on or before
the day before the time fixed for the meeting of electors.
``(2) Rule of construction.--This subsection--
``(A) shall be construed solely to establish venue and
expedited procedures in any action brought by an aggrieved
candidate for President or Vice President as specified in this
subsection that arises under the Constitution or laws of the
United States; and
``(B) shall not be construed to preempt or displace any
existing State or Federal cause of action.''.
(b) Executive of a State.--Section 21 of title 3, United States
Code, as amended by section 102(b), is amended by striking paragraph
(3) and inserting the following:
``(3) `executive' means, with respect to any State, the
Governor of the State (or, in the case of the District of Columbia,
the Mayor of the District of Columbia), except when the laws or
constitution of a State in effect as of election day expressly
require a different State executive to perform the duties
identified under this chapter.''.
(c) Conforming Amendments.--
(1) Section 9 of title 3, United States Code, is amended by
striking ``annex to each of the certificates one of the lists of
the electors'' and inserting ``annex to each of the certificates of
votes one of the certificates of ascertainment of appointment of
electors''.
(2) The table of contents for chapter 1 of title 3, United
States Code, is amended by striking the items relating to sections
5 inserting the following:
``5. Certificate of ascertainment of appointment of electors.''.
SEC. 105. DUTIES OF THE ARCHIVIST.
(a) In General.--Section 6 of title 3, United States Code, is
amended to read as follows:
``Sec. 6. Duties of Archivist
``The certificates of ascertainment of appointment of electors
received by the Archivist of the United States under section 5 shall--
``(1) be preserved for one year;
``(2) be a part of the public records of such office; and
``(3) be open to public inspection.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the items relating
to section 6 and inserting the following:
``6. Duties of Archivist.''.
SEC. 106. MEETING OF ELECTORS.
(a) Time for Meeting.--Section 7 of title 3, United States Code, is
amended--
(1) by striking ``Monday'' and inserting ``Tuesday''; and
(2) by striking ``as the legislature of such State shall
direct'' and inserting ``in accordance with the laws of the State
enacted prior to election day''.
(b) Clarification on Sealing of Certificates of Votes.--Section 10
of such title is amended by striking ``the certificates so made by
them'' and inserting ``the certificates of votes so made by them,
together with the annexed certificates of ascertainment of appointment
of electors''.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.
(a) In General.--Section 11 of title 3, United States Code, is
amended to read as follows:
``Sec. 11. Transmission of certificates by electors
``The electors shall immediately transmit at the same time and by
the most expeditious method available the certificates of votes so made
by them, together with the annexed certificates of ascertainment of
appointment of electors, as follows:
``(1) One set shall be sent to the President of the Senate at
the seat of government.
``(2) Two sets shall be sent to the chief election officer of
the State, one of which shall be held subject to the order of the
President of the Senate, the other to be preserved by such official
for one year and shall be a part of the public records of such
office and shall be open to public inspection.
``(3) Two sets shall be sent to the Archivist of the United
States at the seat of government, one of which shall be held
subject to the order of the President of the Senate and the other
of which shall be preserved by the Archivist of the United States
for one year and shall be a part of the public records of such
office and shall be open to public inspection.
``(4) One set shall be sent to the judge of the district in
which the electors shall have assembled.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 11 and inserting the following:
``11. Transmission of certificates by electors.''.
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS.
(a) In General.--Section 12 of title 3, United States Code, is
amended--
(1) by inserting ``, after the meeting of the electors shall
have been held,'' after ``When'';
(2) by striking ``and list'' each place it appears;
(3) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in December,'';
(4) by striking ``or, if he be absent'' and inserting ``or, if
the President of the Senate be absent'';
(5) by striking ``secretary of State'' and insert ``chief
election officer'';
(6) by striking ``lodged with him'' and inserting ``lodged with
such officer'';
(7) by striking ``his duty'' and inserting ``the duty of such
chief election officer of the State''; and
(8) by striking ``by registered mail'' and inserting ``by the
most expeditious method available''.
(b) Continued Failure.--Section 13 of title 3, United States Code,
is amended--
(1) by inserting ``, after the meeting of the electors shall
have been held,'' after ``When'';
(2) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in December,'';
(3) by striking ``or, if he be absent'' and inserting ``or, if
the President of the Senate be absent''; and
(4) by striking ``that list'' and inserting ``that
certificate''.
(c) Elimination of Messenger's Penalty.--
(1) In general.--Title 3, United States Code, is amended by
striking section 14.
(2) Conforming amendment.--The table of contents for chapter 1
of title 3, United States Code, is amended by striking the item
relating to section 14.
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL VOTES.
(a) In General.--Section 15 of title 3, United States Code, is
amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
``(a) In General.--Congress shall be in session on the sixth day of
January succeeding every meeting of the electors. The Senate and House
of Representatives shall meet in the Hall of the House of
Representatives at the hour of 1 o'clock in the afternoon on that day,
and the President of the Senate shall be their presiding officer.
``(b) Powers of the President of Senate.--
``(1) Ministerial in nature.--Except as otherwise provided in
this chapter, the role of the President of the Senate while
presiding over the joint session shall be limited to performing
solely ministerial duties.
``(2) Powers explicitly denied.--The President of the Senate
shall have no power to solely determine, accept, reject, or
otherwise adjudicate or resolve disputes over the proper
certificate of ascertainment of appointment of electors, the
validity of electors, or the votes of electors.
``(c) Appointment of Tellers.--At the joint session of the Senate
and House of Representatives described in subsection (a), there shall
be present two tellers previously appointed on the part of the Senate
and two tellers previously appointed on the part of the House of
Representatives by the presiding officers of the respective chambers.
``(d) Procedure at Joint Session Generally.--
``(1) In general.--The President of the Senate shall--
``(A) open the certificates and papers purporting to be
certificates of the votes of electors appointed pursuant to a
certificate of ascertainment of appointment of electors issued
pursuant to section 5, in the alphabetical order of the States,
beginning with the letter A; and
``(B) upon opening any certificate, hand the certificate
and any accompanying papers to the tellers, who shall read the
same in the presence and hearing of the two Houses.
``(2) Action on certificate.--
``(A) In general.--Upon the reading of each certificate or
paper, the President of the Senate shall call for objections,
if any.
``(B) Requirements for objections or questions.--
``(i) Objections.--No objection or other question
arising in the matter shall be in order unless the
objection or question--
``(I) is made in writing;
``(II) is signed by at least one-fifth of the
Senators duly chosen and sworn and one-fifth of the
Members of the House of Representatives duly chosen and
sworn; and
``(III) in the case of an objection, states clearly
and concisely, without argument, one of the grounds
listed under clause (ii).
``(ii) Grounds for objections.--The only grounds for
objections shall be as follows:
``(I) The electors of the State were not lawfully
certified under a certificate of ascertainment of
appointment of electors according to section 5(a)(1).
``(II) The vote of one or more electors has not
been regularly given.
``(C) Consideration of objections and questions.--
``(i) In general.--When all objections so made to any
vote or paper from a State, or other question arising in
the matter, shall have been received and read, the Senate
shall thereupon withdraw, and such objections and questions
shall be submitted to the Senate for its decision; and the
Speaker of the House of Representatives shall, in like
manner, submit such objections and questions to the House
of Representatives for its decision.
``(ii) Determination.--No objection or any other
question arising in the matter may be sustained unless such
objection or question is sustained by separate concurring
votes of each House.
``(D) Reconvening.--When the two Houses have voted, they
shall immediately again meet, and the presiding officer shall
then announce the decision of the questions submitted. No vote
or paper from any other State shall be acted upon until the
objections previously made to any vote or paper from any State,
and other questions arising in the matter, shall have been
finally disposed of.
``(e) Rules for Tabulating Votes.--
``(1) Counting of votes.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) only the votes of electors who have been
appointed under a certificate of ascertainment of
appointment of electors issued pursuant to section 5, or
who have legally been appointed to fill a vacancy of any
such elector pursuant to section 4, may be counted; and
``(ii) no vote of an elector described in clause (i)
which has been regularly given shall be rejected.
``(B) Exception.--The vote of an elector who has been
appointed under a certificate of ascertainment of appointment
of electors issued pursuant to section 5 shall not be counted
if--
``(i) there is an objection which meets the
requirements of subsection (d)(2)(B)(i); and
``(ii) each House affirmatively sustains the objection
as valid.
``(2) Determination of majority.--If the number of electors
lawfully appointed by any State pursuant to a certificate of
ascertainment of appointment of electors that is issued under
section 5 is fewer than the number of electors to which the State
is entitled under section 3, or if an objection the grounds for
which are described in subsection (d)(2)(B)(ii)(I) has been
sustained, the total number of electors appointed for the purpose
of determining a majority of the whole number of electors appointed
as required by the Twelfth Amendment to the Constitution shall be
reduced by the number of electors whom the State has failed to
appoint or as to whom the objection was sustained.
``(3) List of votes by tellers; declaration of winner.--The
tellers shall make a list of the votes as they shall appear from
the said certificates; and the votes having been ascertained and
counted according to the rules in this subchapter provided, the
result of the same shall be delivered to the President of the
Senate, who shall thereupon announce the state of the vote, which
announcement shall be deemed a sufficient declaration of the
persons, if any, elected President and Vice President of the United
States, and, together with a list of the votes, be entered on the
Journals of the two Houses.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by striking the item relating
to section 15 and inserting the following:
``15. Counting electoral votes in Congress.''.
SEC. 110. RULES RELATING TO JOINT SESSION.
(a) Limit of Debate in Each House.--Section 17 of title 3, United
States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House
``When the two Houses separate to decide upon an objection pursuant
to section 15(d)(2)(C)(i) that may have been made to the counting of
any electoral vote or votes from any State, or other question arising
in the matter--
``(1) all such objections and questions permitted with respect
to such State shall be considered at such time;
``(2) each Senator and Representative may speak to such
objections or questions for up to five minutes, and not more than
once;
``(3) the total time for debate for all such objections and
questions with respect to such State shall not exceed two hours in
each House, equally divided and controlled by the Majority Leader
and Minority Leader, or their respective designees; and
``(4) at the close of such debate, it shall be the duty of the
presiding officer of each House to put each of the objections and
questions to a vote without further debate.''.
(b) Parliamentary Procedure.--Section 18 of title 3, United States
Code, is amended by inserting ``under section 15(d)(2)(C)(i)'' after
``motion to withdraw''.
(c) Conforming Amendments.--
(1) Sections 16 of title 3, United States Code, is amended by
striking ``meeting'' each place it appears in the text and in the
heading and inserting ``session''.
(2) Sections 18 of title 3, United States Code, is amended by
striking ``meeting'' each place it appears in the text and in the
heading and inserting ``session''.
(3) The table of contents for chapter 1 of title 3, United
States Code, is amended--
(A) by striking ``meeting'' in the item relating to section
16 and inserting ``session''; and
(B) by striking ``meeting'' in the item relating to section
18 and inserting ``session''.
SEC. 111. SEVERABILITY.
(a) In General.--Title 3, United States Code, is amended by
inserting after section 21 the following new section:
``Sec. 22. Severability
``If any provision of this chapter, or the application of a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this chapter, and the
application of the provisions to any person or circumstance, shall
not be affected by the holding.''.
(b) Conforming Amendment.--The table of contents for chapter 1 of
title 3, United States Code, is amended by adding at the end the
following:
``22. Severability.''.
TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Presidential Transition
Improvement Act''.
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.
(a) In General.--Section 3 of the Presidential Transition Act of
1963 (3 U.S.C. 102 note) is amended by striking subsection (c) and
inserting the following:
``(c)(1) Apparent Successful Candidates.--
``(A) In general.--For purposes of this Act, the `apparent
successful candidate' for the office of President and Vice
President, respectively, shall be determined as follows:
``(i) If all but one eligible candidate for the office of
President and one eligible candidate for the office of Vice
President, respectively, concede the election, then the
candidate for each such office who has not conceded shall be
the apparent successful candidate for each such office.
``(ii) If, on the date that is 5 days after the date of the
election, more than one eligible candidate for the office of
President has not conceded the election, then each of the
remaining eligible candidates for such office and the office of
Vice President who have not conceded shall be treated as the
apparent successful candidates until such time as a single
candidate for the office of President is treated as the
apparent successful candidate pursuant to clause (iii) or
clause (iv).
``(iii) If a single candidate for the office of President
or Vice President is determined by the Administrator to meet
the qualifications under subparagraph (B), the Administrator
may determine that such candidate shall solely be treated as
the apparent successful candidate for that office until such
time as a single candidate for the office of President is
treated as the apparent successful candidate pursuant to clause
(iv).
``(iv) If a single candidate for the office of President or
Vice President is the apparent successful candidate for such
office under subparagraph (C), that candidate shall solely be
treated as the apparent successful candidate for that office.
``(B) Interim discretionary qualifications.--On or after the
date that is 5 days after the date of the election, the
Administrator may determine that a single candidate for the office
of President or Vice President shall be treated as the sole
apparent successful candidate for that office pursuant to
subparagraph (A)(iii) if it is substantially certain the candidate
will receive a majority of the pledged votes of electors, based on
consideration of the following factors:
``(i) The results of the election for such office in States
in which significant legal challenges that could alter the
outcome of the election in the State have been substantially
resolved, such that the outcome is substantially certain.
``(ii) The certified results of the election for such
office in States in which the certification is complete.
``(iii) The results of the election for such office in
States in which there is substantial certainty of an apparent
successful candidate based on the totality of the
circumstances.
``(C) Mandatory qualifications.--
``(i) In general.--Notwithstanding subparagraph (A) or (B),
a candidate shall be the sole apparent successful candidate for
the office of President or Vice President pursuant to
subparagraph (A)(iv) for purposes of this Act if--
``(I) the candidate receives a majority of pledged
votes of electors of such office based on certifications by
States of their final canvass, and the conclusion of any
recounts, legal actions, or administrative actions
pertaining to the results of the election for such office;
``(II) in the case where subclause (I) is not met, the
candidate receives a majority of votes of electors of such
office at the meeting and vote of electors under section 7
of title 3, United States Code; or
``(III) in the case where neither subclause (I) or (II)
is met, the candidate is declared as the person elected to
such office at the joint session of Congress under section
15 of title 3, United States Code.
``(ii) Clarification if state unable to certify election
results or appoints more than one slate of electors.--For
purposes of subclauses (I) and (II) of clause (i), if a State
is unable to certify its election results or a State appoints
more than one slate of electors, the votes of the electors of
such State shall not count towards meeting the qualifications
under such subclauses.
``(2) Period of Multiple Possible Apparent Successful Candidates.--
During any period in which there is more than one possible apparent
successful candidate for the office of President--
``(A) the Administrator is authorized to provide, upon request,
to each remaining eligible candidate for such office and the office
of Vice President described in paragraph (1)(A)(ii) access to
services and facilities pursuant to this Act;
``(B) the Administrator, in conjunction with the Federal
Transition Coordinator designated under section 4(c) and the senior
career employee of each agency and senior career employee of each
major component and subcomponent of each agency designated under
subsection (f)(1) to oversee and implement the activities of the
agency, component, or subcomponent relating to the Presidential
transition, shall make efforts to ensure that each such candidate
is provided equal access to agency information and spaces as
requested pursuant to this Act;
``(C) the Administrator shall provide weekly reports to
Congress containing a brief summary of the status of funds being
distributed to such candidates under this Act, the level of access
to agency information and spaces provided to such candidates, and
the status of such candidates with respect to meeting the
qualifications to be the apparent successful candidate for the
office of President or Vice President under subparagraph (B) or (C)
of paragraph (1); and
``(D) if a single candidate for the office of President or Vice
President is treated as the apparent successful candidate for such
office pursuant to subparagraph (A)(iii) or (A)(iv) of paragraph
(1), not later than 24 hours after such treatment is effective, the
Administrator shall make available to the public a written
statement that such candidate is treated as the sole apparent
successful candidate for such office for purposes of this Act,
including a description of the legal basis and reasons for such
treatment based on the qualifications under subparagraph (B) or (C)
of paragraph (1), as applicable.
``(3) Definition.--In this subsection, the term `eligible
candidate' has the meaning given that term in subsection (h)(4).''.
(b) Conforming Amendments.--The Presidential Transition Act of 1963
(3 U.S.C. 102 note) is amended--
(1) in section 3--
(A) in the heading, by striking ``presidents-elect and
vice-presidents-elect'' and inserting ``apparent successful
candidates'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``each President-elect, each Vice-
President-elect'' and inserting ``each apparent
successful candidate for the office of President and
Vice President (as determined by subsection (c))''; and
(II) by striking ``the President-elect and Vice-
President-elect'' and inserting ``each such
candidate'';
(ii) in paragraph (1)--
(I) by striking ``the President-elect, the Vice-
President-elect'' and inserting ``the apparent
successful candidate''; and
(II) by striking ``the President-elect or Vice-
President-elect'' and inserting ``the apparent
successful candidate'';
(iii) in paragraphs (2), (3), (4), and (5), by striking
``the President-elect or Vice-President-elect'' each place
it appears and inserting ``the apparent successful
candidate'';
(iv) in paragraph (4)(B), by striking ``the President-
elect, the Vice-President-elect, or the designee of the
President-elect or Vice-President-elect'' and inserting
``the apparent successful candidate or their designee'';
(v) in paragraph (8), in subparagraph (A)(v) and (B),
by striking ``the President-elect'' and inserting ``the
apparent successful candidate for the office of
President''; and
(vi) in paragraph (10)--
(I) by striking ``any President-elect, Vice-
President-elect, or eligible candidate'' and inserting
``any apparent successful candidate or eligible
candidate''; and
(II) by striking ``the President-elect and Vice
President-elect'' and inserting ``the apparent
successful candidates'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``the President-elect
or Vice-President-elect, or after the inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting
``the apparent successful candidates, or after the
inauguration of the apparent successful candidate for the
office of President as President and the inauguration of
the apparent successful candidate for the office of Vice
President as Vice President''; and
(ii) in paragraph (2), by striking ``the President-
elect, Vice-President-elect'' and inserting ``the apparent
successful candidate'';
(D) in subsection (d)--
(i) in the first sentence, by striking ``Each
President-elect'' and inserting ``Each apparent successful
candidate for the office of President''; and
(ii) in the second sentence, by striking ``Each Vice-
President-elect'' and inserting ``Each apparent successful
candidate for the office of Vice-President'';
(E) in subsection (e)--
(i) in the first sentence, by striking ``Each
President-elect and Vice-President-elect'' and inserting
``Each apparent successful candidate''; and
(ii) in the second sentence, by striking ``any
President-elect or Vice-President-elect may be made upon
the basis of a certificate by him or the assistant
designated by him'' and inserting ``any apparent successful
candidate may be made upon the basis of a certificate by
the candidate or their designee'';
(F) in subsection (f)--
(i) in paragraph (1), by striking ``The President-
elect'' and inserting ``Any apparent successful candidate
for the office of President''; and
(ii) in paragraph (2), by striking ``inauguration of
the President-elect as President and the inauguration of
the Vice-President-elect as Vice President'' and inserting
``inauguration of the apparent successful candidate for the
office of President as President and the inauguration of
the apparent successful candidate for the office of Vice
President as Vice President'';
(G) in subsection (g), by striking ``In the case where the
President-elect is the incumbent President or in the case where
the Vice-President-elect is the incumbent Vice President'' and
inserting ``In the case where an apparent successful candidate
for the office of President is the incumbent President or in
the case where an apparent successful candidate for the office
of Vice President is the incumbent Vice President'';
(H) in subsection (h)--
(i) in paragraph (2)(B)(iv), by striking ``the
President-elect or Vice-President-elect'' and inserting
``an apparent successful candidate''; and
(ii) in paragraph (3)(B)(iii), by striking ``the
President-elect or Vice-President-elect'' and inserting
``an apparent successful candidate''; and
(I) in subsection (i)(3)(C)--
(i) in clause (i), by striking ``the inauguration of
the President-elect as President and the inauguration of
the Vice-President-elect as Vice President'' and inserting
``the inauguration of the apparent successful candidate for
the office of President as President and the inauguration
of the apparent successful candidate for the office of Vice
President as Vice President''; and
(ii) in clause (ii), by striking ``upon request of the
President-elect or the Vice-President-elect'' and inserting
``upon request of the apparent successful candidate'';
(2) in section 4--
(A) in subsection (e)--
(i) in paragraph (1)(B), by striking ``the President-
elect and Vice-President-elect'' and inserting ``the
apparent successful candidates (as determined by section
3(c))''; and
(ii) in paragraph (4)(B), by striking ``the President-
elect is inaugurated'' and inserting ``the apparent
successful candidate for the office of President is
inaugurated''; and
(B) in subsection (g)--
(i) in paragraph (3)(A), by striking ``the President-
elect'' and inserting ``the apparent successful candidate
for the office of President''; and
(ii) in paragraph (3)(B)(ii)(III), by striking ``the
President-elect'' and inserting ``the apparent successful
candidate for the office of President'';
(3) in section 5, in the first sentence, by striking
``Presidents-elect and Vice-Presidents-elect'' and inserting
``apparent successful candidates (as determined by section 3(c))'';
(4) in section 6--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``The President-elect and Vice-
President-elect'' and inserting ``Each apparent
successful candidate (as determined by section 3(c))'';
and
(II) by striking ``the President-elect or Vice-
President-elect'' and inserting ``the apparent
successful candidate'';
(ii) in paragraph (2), by striking ``The President-
elect and Vice-President-elect'' and inserting ``Each
apparent successful candidate''; and
(iii) in paragraph (3)(A), by striking ``inauguration
of the President-elect as President and the Vice-President-
elect as Vice President'' and inserting ``inauguration of
the apparent successful candidate for the office of
President as President and the apparent successful
candidate for the office of Vice-President as Vice
President'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by
striking ``The President-elect and Vice-President-elect''
and inserting ``Each apparent successful candidate''; and
(ii) in subparagraph (A), by striking ``the President-
elect or Vice-President-elect's'' and inserting ``the
apparent successful candidate's''; and
(C) in subsection (c), by striking ``The President-elect
and Vice-President-elect'' and inserting ``Each apparent
successful candidate''; and
(5) in section 7(a)(1), by striking ``the President-elect and
Vice President-elect'' and inserting ``the apparent successful
candidates''.
DIVISION Q--AVIATION RELATED MATTERS
SEC. 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.
SEC. 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, Stephanie 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.
SEC. 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:
``Sec. 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.''.
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
SEC. 101. SHORT TITLE.
This division may be cited as the ``No TikTok on Government Devices
Act''.
SEC. 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.
DIVISION S--OCEANS RELATED MATTERS
TITLE I--DRIFTNET MODERNIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Driftnet Modernization and Bycatch
Reduction Act''.
SEC. 102. DEFINITION.
Section 3(25) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with
a mesh size of 14 inches or greater,'' after ``more''.
SEC. 103. FINDINGS AND POLICY.
(a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(8) within the exclusive economic zone, large-scale driftnet
fishing that deploys nets with large mesh sizes causes significant
entanglement and mortality of living marine resources, including
myriad protected species, despite limitations on the lengths of
such nets.''.
(b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(c)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(4) prioritize the phase out of large-scale driftnet fishing
in the exclusive economic zone and promote the development and
adoption of alternative fishing methods and gear types that
minimize the incidental catch of living marine resources.''.
SEC. 104. TRANSITION PROGRAM.
Section 206 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1826) is amended by adding at the end the
following--
``(i) Fishing Gear Transition Program.--
``(1) In general.--During the 5-year period beginning on the
date of enactment of the Driftnet Modernization and Bycatch
Reduction Act, the Secretary shall conduct a transition program to
facilitate the phase-out of large-scale driftnet fishing and
adoption of alternative fishing practices that minimize the
incidental catch of living marine resources, and shall award grants
to eligible permit holders who participate in the program.
``(2) Permissible uses.--Any permit holder receiving a grant
under paragraph (1) may use such funds only for the purpose of
covering--
``(A) any fee originally associated with a permit
authorizing participation in a large-scale driftnet fishery, if
such permit is surrendered for permanent revocation, and such
permit holder relinquishes any claim associated with the
permit;
``(B) a forfeiture of fishing gear associated with a permit
described in subparagraph (A); or
``(C) the purchase of alternative gear with minimal
incidental catch of living marine resources, if the fishery
participant is authorized to continue fishing using such
alternative gears.
``(3) Certification.--The Secretary shall certify that, with
respect to each participant in the program under this subsection,
any permit authorizing participation in a large-scale driftnet
fishery has been permanently revoked and that no new permits will
be issued to authorize such fishing.''.
SEC. 105. EXCEPTION.
Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before
the semicolon the following: ``, unless such large-scale driftnet
fishing--
``(i) deploys, within the exclusive economic zone, a
net with a total length of less than two and one-half
kilometers and a mesh size of 14 inches or greater; and
``(ii) is conducted within 5 years of the date of
enactment of the Driftnet Modernization and Bycatch
Reduction Act''.
SEC. 106. FEES.
(a) In General.--The North Pacific Fishery Management Council may
recommend, and the Secretary of Commerce may approve, regulations
necessary for the collection of fees from charter vessel operators who
guide recreational anglers who harvest Pacific halibut in International
Pacific Halibut Commission regulatory areas 2C and 3A as those terms
are defined in part 300 of title 50, Code of Federal Regulations (or
any successor regulations).
(b) Use of Fees.--Any fees collected under this section shall be
available for the purposes of--
(1) financing administrative costs of the Recreational Quota
Entity program;
(2) the purchase of halibut quota shares in International
Pacific Halibut Commission regulatory areas 2C and 3A by the
recreational quota entity authorized in part 679 of title 50, Code
of Federal Regulations (or any successor regulations);
(3) halibut conservation and research; and
(4) promotion of the halibut resource by the recreational quota
entity authorized in part 679 of title 50, Code of Federal
Regulations (or any successor regulations).
(c) Limitation on Collection and Availability.--Fees shall be
collected and available pursuant to this section only to the extent and
in such amounts as provided in advance in appropriations Acts, subject
to subsection (d).
(d) Fee Collected During Start-up Period.--Notwithstanding
subsection (c), fees may be collected through the date of enactment of
an Act making appropriations for the activities authorized under this
Act through September 30, 2023, and shall be available for obligation
and remain available until expended.
TITLE II--FISHERY RESOURCE DISASTERS IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fishery Resource Disasters
Improvement Act''.
SEC. 202. FISHERY RESOURCE DISASTER RELIEF.
Section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a)) is amended to read as follows:
``(a) Fishery Resource Disaster Relief.--
``(1) Definitions.--In this subsection:
``(A) Allowable cause.--The term `allowable cause' means a
natural cause, discrete anthropogenic cause, or undetermined
cause, including a cause that occurred not more than 5 years
prior to the date of a request for a fishery resource disaster
determination that affected such applicable fishery.
``(B) Anthropogenic cause.--The term `anthropogenic cause'
means an anthropogenic event, such as an oil spill or spillway
opening--
``(i) that could not have been addressed or prevented
by fishery management measures; and
``(ii) that is otherwise beyond the control of fishery
managers to mitigate through conservation and management
measures, including regulatory restrictions imposed as a
result of judicial action or to protect human health or
marine animals, plants, or habitats.
``(C) Fishery resource disaster.--The term `fishery
resource disaster' means a disaster that is determined by the
Secretary in accordance with this subsection and--
``(i) is an unexpected large decrease in fish stock
biomass or other change that results in significant loss of
access to the fishery resource, which may include loss of
fishing vessels and gear for a substantial period of time
and results in significant revenue loss or negative
subsistence impact due to an allowable cause; and
``(ii) does not include--
``(I) reasonably predictable, foreseeable, and
recurrent fishery cyclical variations in species
distribution or stock abundance; or
``(II) reductions in fishing opportunities
resulting from conservation and management measures
taken pursuant to this Act.
``(D) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), and
the term `Tribal' means of or pertaining to such an Indian
tribe.
``(E) Natural cause.--The term `natural cause'--
``(i) means a weather, climatic, hazard, or biology-
related event, such as--
``(I) a hurricane;
``(II) a flood;
``(III) a harmful algal bloom;
``(IV) a tsunami;
``(V) a hypoxic zone;
``(VI) a drought;
``(VII) El Nino effects on water temperature;
``(VIII) a marine heat wave; or
``(IX) disease; and
``(ii) does not mean a normal or cyclical variation in
a species distribution or stock abundance.
``(F) 12-month revenue loss.--The term `12-month revenue
loss' means the percentage reduction, as applicable, in
commercial, charter, headboat, or processor revenue for the
affected fishery for the 12 months during which the fishery
resource disaster occurred, when compared to average annual
revenue in the most recent 5 years when no fishery resource
disaster occurred or equivalent for stocks with cyclical life
histories.
``(G) Undetermined cause.--The term `undetermined cause'
means a cause in which the current state of knowledge does not
allow the Secretary to identify the exact cause, and there is
no current conclusive evidence supporting a possible cause of
the fishery resource disaster.
``(2) General authority.--
``(A) In general.--The Secretary shall have the authority
to determine the existence, extent, and beginning and end dates
of a fishery resource disaster under this subsection in
accordance with this subsection.
``(B) Availability of funds.--After the Secretary
determines that a fishery resource disaster has occurred, the
Secretary is authorized to make sums available, from funds
appropriated for such purposes, to be used by the affected
State, Indian Tribe, or interstate marine fisheries commission,
or by the Secretary in cooperation with the affected State,
Indian Tribe, or interstate marine fisheries commission.
``(C) Savings clause.--The requirements under this
paragraph and paragraphs (3), (4), and (5) shall take effect
only with respect to fishery resource disaster determination
requests submitted after the date of enactment of the Fishery
Resource Disasters Improvement Act.
``(3) Initiation of a fishery resource disaster review.--
``(A) Eligible requesters.--
``(i) In general.--If the Secretary has not
independently determined that a fishery resource disaster
has occurred, a request for a fishery resource disaster
determination may be submitted to the Secretary at any
time, but not later than the applicable date determined
under clause (ii), by--
``(I) the Governor of an affected State;
``(II) an official resolution of an Indian Tribe;
or
``(III) any other comparable elected or politically
appointed representative as determined by the
Secretary.
``(ii) Applicable date.--The applicable date under this
clause shall be--
``(I) 1 year after the date of the conclusion of
the fishing season;
``(II) in the case of a distinct cause that occurs
during more than 1 consecutive fishing season, 2 years
after the date of the conclusion of the fishing season
for which the request for a fishery resource disaster
determination is made; or
``(III) in the case of a complete fishery closure,
1 year after the date on which that closure is
determined by the Secretary.
``(B) Required information.--A complete request for a
fishery resource disaster determination under subparagraph (A)
shall include--
``(i) identification of all presumed affected fish
stocks;
``(ii) identification of the fishery as Federal, non-
Federal, or both;
``(iii) the geographical boundaries of the fishery, as
determined by the eligible requester, including geographic
boundaries that are smaller than the area represented by
the eligible requester;
``(iv) preliminary information on causes of the fishery
resource disaster, if known; and
``(v) information needed to support a finding of a
fishery resource disaster, including--
``(I) information demonstrating the occurrence of
an unexpected large decrease in fish stock biomass or
other change that results in significant loss of access
to the fishery resource, which could include the loss
of fishing vessels and gear, for a substantial period
of time;
``(II) significant--
``(aa) 12-month revenue loss for the affected
fishery; or
``(bb) negative subsistence impact for the
affected fishery, or if a fishery resource disaster
has occurred at any time in the previous 5-year
period, the most recent 5 years when no fishery
resource disaster occurred;
``(III) if applicable, information on lost resource
tax revenues assessed by local communities, such as a
raw fish tax and local sourcing requirements; and
``(IV) if applicable and available, information on
affected fishery 12-month revenue loss for charter,
headboat, or processors related to the information
provided under subclause (I), subject to section
402(b).
``(C) Assistance.--The Secretary may provide data and
analysis assistance to an eligible requester described in
paragraph (1), if--
``(i) the assistance is so requested;
``(ii) the Secretary is in possession of the required
information described in subparagraph (B); and
``(iii) the data is not available to the requester, in
carrying out the complete request under subparagraph (B).
``(D) Initiation of review.--The Secretary shall have the
discretion to initiate a fishery resource disaster review
without a request.
``(4) Review process.--
``(A) Interim response.--Not later than 20 days after
receipt of a request under paragraph (3), the Secretary shall
provide an interim response to the individual that--
``(i) acknowledges receipt of the request;
``(ii) provides a regional contact within the National
Oceanographic and Atmospheric Administration;
``(iii) outlines the process and timeline by which a
request shall be considered; and
``(iv) requests additional information concerning the
fishery resource disaster, if the original request is
considered incomplete.
``(B) Evaluation of requests.--
``(i) In general.--The Secretary shall complete a
review, within the time frame described in clause (ii),
using the best scientific information available, in
consultation with the affected fishing communities, States,
or Indian Tribes, of--
``(I) the information provided by the requester and
any additional information relevant to the fishery,
which may include--
``(aa) fishery characteristics;
``(bb) stock assessments;
``(cc) the most recent fishery independent
surveys and other fishery resource assessments and
surveys conducted by Federal, State, or Tribal
officials;
``(dd) estimates of mortality; and
``(ee) overall effects; and
``(II) the available economic information, which
may include an analysis of--
``(aa) landings data;
``(bb) revenue;
``(cc) the number of participants involved;
``(dd) the number and type of jobs and persons
impacted, which may include--
``(AA) fishers;
``(BB) charter fishing operators;
``(CC) subsistence users;
``(DD) United States fish processors; and
``(EE) an owner of a related fishery
infrastructure or business affected by the
disaster, such as a marina operator,
recreational fishing equipment retailer, or
charter, headboat, or tender vessel owner,
operator, or crew;
``(ee) an impacted Indian Tribe;
``(ff) other forms of disaster assistance made
available to the fishery, including prior awards of
disaster assistance for the same event;
``(gg) the length of time the resource, or
access to the resource, has been restricted;
``(hh) status of recovery from previous fishery
resource disasters;
``(ii) lost resource tax revenues assessed by
local communities, such as a raw fish tax; and
``(jj) other appropriate indicators to an
affected fishery, as determined by the National
Marine Fisheries Service.
``(ii) Time frame.--The Secretary shall complete the
review described in clause (i), if the fishing season,
applicable to the fishery--
``(I) has concluded or there is no defined fishing
season applicable to the fishery, not later than 120
days after the Secretary receives a complete request
for a fishery resource disaster determination;
``(II) has not concluded, not later than 120 days
after the conclusion of the fishing season; or
``(III) is expected to be closed for the entire
fishing season, not later than 120 days after the
Secretary receives a complete request for a fishery
resource disaster determination.
``(C) Fishery resource disaster determination.--The
Secretary shall make the determination of a fishery resource
disaster based on the criteria for determinations listed in
paragraph (5).
``(D) Notification.--Not later than 14 days after the
conclusion of the review under this paragraph, the Secretary
shall notify the requester and the Governor of the affected
State or Indian Tribe representative of the determination of
the Secretary.
``(5) Criteria for determinations.--
``(A) In general.--The Secretary shall make a determination
about whether a fishery resource disaster has occurred, based
on the revenue loss thresholds under subparagraph (B), and, if
a fishery resource disaster has occurred, whether the fishery
resource disaster was due to--
``(i) a natural cause;
``(ii) an anthropogenic cause;
``(iii) a combination of a natural cause and an
anthropogenic cause; or
``(iv) an undetermined cause.
``(B) Revenue loss thresholds.--
``(i) In general.--Based on the information provided or
analyzed under paragraph (4)(B), the Secretary shall apply
the following 12-month revenue loss thresholds in
determining whether a fishery resource disaster has
occurred:
``(I) Losses greater than 80 percent may result in
a positive determination that a fishery resource
disaster has occurred, based on the information
provided or analyzed under paragraph (4)(B).
``(II) Losses between 35 percent and 80 percent
shall be evaluated to determine whether economic
impacts are severe enough to determine that a fishery
resource disaster has occurred.
``(III) Losses less than 35 percent shall not be
eligible for a determination that a fishery resource
disaster has occurred.
``(ii) Charter fishing.--In making a determination of
whether a fishery resource disaster has occurred, the
Secretary shall consider the economic impacts to the
charter fishing industry to ensure financial coverage for
charter fishing businesses.
``(iii) Negative subsistence impacts.--In considering
negative subsistence impacts, the Secretary shall evaluate
the severity of negative impacts to the fishing community
instead of applying the revenue loss thresholds described
in clause (i).
``(C) Ineligible fisheries.--A fishery subject to
overfishing in any of the 3 years preceding the date of a
determination under this subsection is not eligible for a
determination of whether a fishery resource disaster has
occurred unless the Secretary determines that overfishing was
not a contributing factor to the fishery resource disaster.
``(D) Exceptional circumstances.--In an exceptional
circumstance where substantial economic impacts to the affected
fishery and fishing community have been subject to a disaster
declaration under another statutory authority, such as in the
case of a natural disaster or from the direct consequences of a
Federal action taken to prevent, or in response to, a natural
disaster for purposes of protecting life and safety, the
Secretary may determine a fishery resource disaster has
occurred without a request, notwithstanding the requirements
under subparagraph (B) and paragraph (3).
``(6) Disbursal of appropriated funds.--
``(A) Authorization.--The Secretary shall allocate funds
available under paragraph (9) for fishery resource disasters.
``(B) Allocation of appropriated fishery resource disaster
assistance.--
``(i) Notification of funding availability.--When there
are appropriated funds for 1 or more fishery resource
disasters, the Secretary shall notify--
``(I) the public; and
``(II) representatives of affected fishing
communities with a positive disaster determination that
is unfunded;
of the availability of funds, not more than 14 days after
the date of the appropriation or the determination of a
fishery resource disaster, whichever occurs later.
``(ii) Extension of deadline.--The Secretary may extend
the deadline under clause (i) by 90 days to evaluate and
make determinations on eligible requests.
``(C) Considerations.--In determining the allocation of
appropriations for a fishery resource disaster, the Secretary
shall consider commercial, charter, headboat, or seafood
processing revenue losses and negative impacts to subsistence
or Indian Tribe ceremonial fishing opportunity, for the
affected fishery, and may consider the following factors:
``(i) Direct economic impacts.
``(ii) Uninsured losses.
``(iii) Losses of recreational fishing opportunity.
``(iv) Aquaculture operations revenue loss.
``(v) Direct revenue losses to a fishing community.
``(vi) Treaty obligations.
``(vii) Other economic impacts.
``(D) Spend plans.--To receive an allocation from funds
available under paragraph (9), a requester with an affirmative
fishery resource disaster determination shall submit a spend
plan to the Secretary, not more than 120 days after receiving
notification that funds are available, that shall include the
following information, if applicable:
``(i) Objectives and outcomes, with an emphasis on
addressing the factors contributing to the fishery resource
disaster and minimizing future uninsured losses, if
applicable.
``(ii) Statement of work.
``(iii) Budget details.
``(E) Regional contact.--If so requested, the Secretary
shall provide a regional contact within the National Oceanic
and Atmospheric Administration to facilitate review of spend
plans and disbursal of funds.
``(F) Disbursal of funds.--
``(i) Availability.--Funds shall be made available to
grantees not later than 90 days after the date the
Secretary receives a complete spend plan.
``(ii) Method.--The Secretary may provide an allocation
of funds under this subsection in the form of a grant,
direct payment, cooperative agreement, loan, or contract.
``(iii) Eligible uses.--
``(I) In general.--Funds allocated for fishery
resources disasters under this subsection shall restore
the fishery affected by such a disaster, prevent a
similar disaster in the future, or assist the affected
fishing community, and shall prioritize the following
uses, which are not in order of priority:
``(aa) Habitat conservation and restoration and
other activities, including scientific research,
that reduce adverse impacts to the fishery or
improve understanding of the affected species or
its ecosystem.
``(bb) The collection of fishery information
and other activities that improve management of the
affected fishery.
``(cc) In a commercial fishery, capacity
reduction and other activities that improve
management of fishing effort, including funds to
offset budgetary costs to refinance a Federal
fishing capacity reduction loan or to repay the
principal of a Federal fishing capacity reduction
loan.
``(dd) Developing, repairing, or improving
fishery-related public infrastructure.
``(ee) Direct assistance to a person, fishing
community (including assistance for lost fisheries
resource levies), or a business to alleviate
economic loss incurred as a direct result of a
fishery resource disaster, particularly when
affected by a circumstance described in paragraph
(5)(D) or by negative impacts to subsistence or
Indian Tribe ceremonial fishing opportunity.
``(ff) Hatcheries and stock enhancement to help
rebuild the affected stock or offset fishing
pressure on the affected stock.
``(II) Displaced fishery employees.--Where
appropriate, individuals carrying out the activities
described in items (aa) through (dd) of subclause (I)
shall be individuals who are, or were, employed in a
commercial, charter, or Indian Tribe fishery for which
the Secretary has determined that a fishery resource
disaster has occurred.
``(7) Limitations.--
``(A) Federal share.--
``(i) In general.--Except as provided in clauses (ii)
and (iii), the Federal share of the cost of any activity
carried out under the authority of this subsection shall
not exceed 75 percent of the cost of that activity.
``(ii) Waiver.--The Secretary may waive the non-Federal
share requirements of this subsection, if the Secretary
determines that--
``(I) no reasonable means are available through
which the recipient of the Federal share can meet the
non-Federal share requirement; and
``(II) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition
of the non-Federal share requirement.
``(iii) Exception.--The Federal share shall be equal to
100 percent in the case of--
``(I) direct assistance as described in paragraph
(6)(F)(iii)(I)(ee); or
``(II) assistance to subsistence or Tribal
fisheries.
``(B) Limitations on administrative expenses.--
``(i) Federal.--Not more than 3 percent of the funds
available under this subsection may be used for
administrative expenses by the National Oceanographic and
Atmospheric Administration.
``(ii) State governments or indian tribes.--Of the
funds remaining after the use described in clause (i), not
more than 5 percent may be used by States, Indian Tribes,
or interstate marine fisheries commissions for
administrative expenses.
``(C) Fishing capacity reduction program.--
``(i) In general.--No funds available under this
subsection may be used as part of a fishing capacity
reduction program in a fishery unless the Secretary
determines that adequate conservation and management
measures are in place in such fishery.
``(ii) Assistance conditions.--As a condition of
providing assistance under this subsection with respect to
a vessel under a fishing capacity reduction program, the
Secretary shall--
``(I) prohibit the vessel from being used for
fishing in Federal, State, or international waters; and
``(II) require that the vessel be--
``(aa) scrapped or otherwise disposed of in a
manner approved by the Secretary;
``(bb) donated to a nonprofit organization and
thereafter used only for purposes of research,
education, or training; or
``(cc) used for another non-fishing purpose
provided the Secretary determines that adequate
measures are in place to ensure that the vessel
cannot reenter any fishery anywhere in the world.
``(D) No fishery endorsement.--
``(i) In general.--A vessel that is prohibited from
fishing under subparagraph (C)(ii)(I) shall not be eligible
for a fishery endorsement under section 12113(a) of title
46, United States Code.
``(ii) Noneffective.--A fishery endorsement for a
vessel described in clause (i) shall not be effective.
``(iii) No sale.--A vessel described in clause (i)
shall not be sold to a foreign owner or reflagged.
``(8) Public information on data collection.--The Secretary
shall make available and update as appropriate, information on data
collection and submittal best practices for the information
described in paragraph (4)(B).
``(9) Authorization of appropriations.--There are authorized to
be appropriated to carry out this subsection $377,000,000 for the
period of fiscal years 2023 through 2027.''.
SEC. 203. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.
(a) Repeal.--Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
(b) Report.--Section 113(b)(2) of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
460ss note) is amended--
(1) in the paragraph heading, by striking ``Annual report'' and
inserting ``Report'';
(2) in the matter preceding subparagraph (A), by striking ``Not
later than 2 years after the date of enactment of this Act, and
annually thereafter'' and inserting ``Not later than 2 years after
the date of enactment of the Fishery Resource Disasters Improvement
Ac, and biennially thereafter''; and
(3) in subparagraph (D), by striking ``the calendar year 2003''
and inserting ``the most recent''.
SEC. 204. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
(a) Repeal.--Section 308 of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107) is repealed.
(b) Technical Edit.--Section 3(k)(1) of the Small Business Act (15
U.S.C. 632(k)(1)) is amended by striking ``(as determined by the
Secretary of Commerce under section 308(b) of the Interjurisdictional
Fisheries Act of 1986)'' and inserting ``(as determined by the
Secretary of Commerce under the Fishery Resource Disasters Improvement
Act)''.
SEC. 205. BUDGET REQUESTS; REPORTS.
(a) Budget Request.--In the budget justification materials
submitted to Congress in support of the budget of the Department of
Commerce for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code), the
Secretary of Commerce shall include a separate statement of the amount
for each outstanding unfunded fishery resource disasters.
(b) Driftnet Act Amendments of 1990 Report and Bycatch Reduction
Agreements.--
(1) In general.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) is amended--
(A) in section 202(h), by striking paragraph (3); and
(B) in section 206--
(i) by striking subsections (e) and (f); and
(ii) by redesignating subsections (g) and (h) as
subsections (e) and (f), respectively.
(2) Biennial report on international compliance.--Section 607
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826h) is amended--
(A) by inserting ``(a) In General.--'' before ``The
Secretary'' and indenting appropriately; and
(B) by adding at the end the following:
``(b) Additional Information.--In addition to the information
described in paragraphs (1) through (5) of subsection (a), the report
shall include--
``(1) a description of the actions taken to carry out the
provisions of section 206 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826), including--
``(A) an evaluation of the progress of those efforts, the
impacts on living marine resources, including available
observer data, and specific plans for further action;
``(B) a list and description of any new fisheries developed
by nations that conduct, or authorize their nationals to
conduct, large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
``(C) a list of the nations that conduct, or authorize
their nationals to conduct, large-scale driftnet fishing beyond
the exclusive economic zone of any nation in a manner that
diminishes the effectiveness of or is inconsistent with any
international agreement governing large-scale driftnet fishing
to which the United States is a party or otherwise subscribes;
and
``(2) a description of the actions taken to carry out the
provisions of section 202(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1822(h)).
``(c) Certification.--If, at any time, the Secretary, in
consultation with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, identifies any nation
that warrants inclusion in the list described under subsection
(b)(1)(C), due to large scale drift net fishing, the Secretary shall
certify that fact to the President. Such certification shall be deemed
to be a certification for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
TITLE III--ALASKA SALMON RESEARCH TASK FORCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Alaska Salmon Research Task Force
Act''.
SEC. 302. PURPOSES.
The purposes of this title are--
(1) to ensure that Pacific salmon trends in Alaska regarding
productivity and abundance are characterized and that research
needs are identified;
(2) to prioritize scientific research needs for Pacific salmon
in Alaska;
(3) to address the increased variability or decline in Pacific
salmon returns in Alaska by creating a coordinated salmon research
strategy; and
(4) to support collaboration and coordination for Pacific
salmon conservation efforts in Alaska.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) salmon are an essential part of Alaska's fisheries,
including subsistence, commercial, and recreational uses, and there
is an urgent need to better understand the freshwater and marine
biology and ecology of salmon, a migratory species that crosses
many borders, and for a coordinated salmon research strategy to
address salmon returns that are in decline or experiencing
increased variability;
(2) salmon are an essential element for the well-being and
health of Alaskans; and
(3) there is a unique relationship between people of Indigenous
heritage and the salmon they rely on for subsistence and
traditional and cultural practices.
SEC. 304. ALASKA SALMON RESEARCH TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Governor of Alaska, shall convene an Alaska Salmon Research Task Force
(referred to in this section as the ``Research Task Force'') to--
(1) review existing Pacific salmon research in Alaska;
(2) identify applied research needed to better understand the
increased variability and declining salmon returns in some regions
of Alaska; and
(3) support sustainable salmon runs in Alaska.
(b) Composition and Appointment.--
(1) In general.--The Research Task Force shall be composed of
not fewer than 13 and not more than 19 members, who shall be
appointed under paragraphs (2) and (3).
(2) Appointment by secretary.--The Secretary of Commerce shall
appoint members to the Research Task Force as follows:
(A) One representative from each of the following:
(i) The National Oceanic and Atmospheric Administration
who is knowledgeable about salmon and salmon research
efforts in Alaska.
(ii) The North Pacific Fishery Management Council.
(iii) The United States section of the Pacific Salmon
Commission.
(B) Not less than 2 and not more than 5 representatives
from each of the following categories, at least 2 of whom shall
represent Alaska Natives who possess personal knowledge of, and
direct experience with, subsistence uses in rural Alaska, to be
appointed with due regard to differences in regional
perspectives and experience:
(i) Residents of Alaska who possess personal knowledge
of, and direct experience with, subsistence uses in rural
Alaska.
(ii) Alaska fishing industry representatives throughout
the salmon supply chain, including from--
(I) directed commercial fishing;
(II) recreational fishing;
(III) charter fishing;
(IV) seafood processors;
(V) salmon prohibited species catch (bycatch)
users; or
(VI) hatcheries.
(C) 5 representatives who are academic experts in salmon
biology, salmon ecology (marine and freshwater), salmon habitat
restoration and conservation, or comprehensive marine research
planning in the North Pacific.
(3) Appointment by the governor of alaska.--The Governor of
Alaska shall appoint to the Research Task Force one representative
from the State of Alaska who is knowledgeable about the State of
Alaska's salmon research efforts.
(c) Duties.--
(1) Review.--The Research Task Force shall--
(A) conduct a review of Pacific salmon science relevant to
understanding salmon returns in Alaska, including an
examination of--
(i) traditional ecological knowledge of salmon
populations and their ecosystems;
(ii) marine carrying capacity and density dependent
constraints, including an examination of interactions with
other salmon species, and with forage base in marine
ecosystems;
(iii) life-cycle and stage-specific mortality;
(iv) genetic sampling and categorization of population
structure within salmon species in Alaska;
(v) methods for predicting run-timing and stock sizes;
(vi) oceanographic models that provide insight into
stock distribution, growth, and survival;
(vii) freshwater, estuarine, and marine processes that
affect survival of smolts;
(viii) climate effects on freshwater and marine
habitats;
(ix) predator/prey interactions between salmon and
marine mammals or other predators; and
(x) salmon productivity trends in other regions, both
domestic and international, that put Alaska salmon
populations in a broader geographic context; and
(B) identify scientific research gaps in understanding the
Pacific salmon life cycle in Alaska.
(2) Report.--Not later than 1 year after the date the Research
Task Force is convened, the Research Task Force shall submit to the
Secretary of Commerce, the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Environment and
Public Works of the Senate, the Subcommittee on Commerce, Justice,
Science, and Related Agencies of the Committee on Appropriations of
the Senate, the Committee on Natural Resources of the House of
Representatives, the Subcommittee on Commerce, Justice, Science,
and Related Agencies of the Committee on Appropriations of the
House of Representatives, and the Alaska State Legislature, and
make publicly available, a report--
(A) describing the review conducted under paragraph (1);
and
(B) that includes--
(i) recommendations on filling knowledge gaps that
warrant further scientific inquiry; and
(ii) findings from the reports of work groups submitted
under subsection (d)(2)(C).
(d) Administrative Matters.--
(1) Chairperson and vice chairperson.--The Research Task Force
shall select a Chair and Vice Chair by vote from among the members
of the Research Task Force.
(2) Work groups.--
(A) In general.--The Research Task Force--
(i) not later than 30 days after the date of the
establishment of the Research Task Force, shall establish a
work group focused specifically on the research needs
associated with salmon returns in the AYK (Arctic-Yukon-
Kuskokwim) regions of Western Alaska; and
(ii) may establish additional regionally or stock
focused work groups within the Research Task Force, as
members determine appropriate.
(B) Composition.--Each work group established under this
subsection shall--
(i) consist of not less than 5 individuals who--
(I) are knowledgeable about the stock or region
under consideration; and
(II) need not be members of the Research Task
Force; and
(ii) be balanced in terms of stakeholder
representation, including commercial, recreational, and
subsistence fisheries, as well as experts in statistical,
biological, economic, social, or other scientific
information as relevant to the work group's focus.
(C) Reports.--Not later than 9 months after the date the
Research Task Force is convened, each work group established
under this subsection shall submit a report with the work
group's findings to the Research Task Force.
(3) Compensation.--Each member of the Research Task Force shall
serve without compensation.
(4) Administrative support.--The Secretary of Commerce shall
provide such administrative support as is necessary for the
Research Task Force and its work groups to carry out their duties,
which may include support for virtual or in-person participation
and travel expenses.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Research Task Force.
SEC. 305. DEFINITION OF PACIFIC SALMON.
In this title, the term ``Pacific salmon'' means salmon that
originates in Alaskan waters.
TITLE IV--IUU TECHNICAL CORRECTIONS
SEC. 401. IUU TECHNICAL CORRECTIONS.
The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.) is amended--
(1) in section 609--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(2) in section 610--
(A) in subsection (b)--
(i) in paragraph (2), by inserting ``and'' after the
semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as paragraph (3);
and
(B) in subsection (c)(4)--
(i) in subparagraph (A), by inserting ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (C).
DIVISION T--SECURE 2.0 ACT OF 2022
SEC. 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.
TITLE I--EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS
SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.
(a) In General.--Subpart B of part I of subchapter D of chapter 1
is amended by inserting after section 414 the following new section:
``SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
``(a) In General.--Except as otherwise provided in this section--
``(1) an arrangement shall not be treated as a qualified cash
or deferred arrangement described in section 401(k) unless such
arrangement meets the automatic enrollment requirements of
subsection (b), and
``(2) an annuity contract otherwise described in section 403(b)
which is purchased under a salary reduction agreement shall not be
treated as described in such section unless such agreement meets
the automatic enrollment requirements of subsection (b).
``(b) Automatic Enrollment Requirements.--
``(1) In general.--An arrangement or agreement meets the
requirements of this subsection if such arrangement or agreement is
an eligible automatic contribution arrangement (as defined in
section 414(w)(3)) which meets the requirements of paragraphs (2)
through (4).
``(2) Allowance of permissible withdrawals.--An eligible
automatic contribution arrangement meets the requirements of this
paragraph if such arrangement allows employees to make permissible
withdrawals (as defined in section 414(w)(2)).
``(3) Minimum contribution percentage.--
``(A) In general.--An eligible automatic contribution
arrangement meets the requirements of this paragraph if--
``(i) the uniform percentage of compensation
contributed by the participant under such arrangement
during the first year of participation is not less than 3
percent and not more than 10 percent (unless the
participant specifically elects not to have such
contributions made or to have such contributions made at a
different percentage), and
``(ii) effective for the first day of each plan year
starting after each completed year of participation under
such arrangement such uniform percentage is increased by 1
percentage point (to at least 10 percent, but not more than
15 percent) unless the participant specifically elects not
to have such contributions made or to have such
contributions made at a different percentage.
``(B) Initial reduced ceiling for certain plans.--In the
case of any eligible automatic contribution arrangement (other
than an arrangement that meets the requirements of paragraph
(12) or (13) of section 401(k)), for plan years ending before
January 1, 2025, subparagraph (A)(ii) shall be applied by
substituting `10 percent' for `15 percent'.
``(4) Investment requirements.--An eligible automatic
contribution arrangement meets the requirements of this paragraph
if amounts contributed pursuant to such arrangement, and for which
no investment is elected by the participant, are invested in
accordance with the requirements of section 2550.404c-5 of title
29, Code of Federal Regulations (or any successor regulations).
``(c) Exceptions.--For purposes of this section--
``(1) Simple plans.--Subsection (a) shall not apply to any
simple plan (within the meaning of section 401(k)(11)).
``(2) Exception for plans or arrangements established before
enactment of section.--
``(A) In general.--Subsection (a) shall not apply to--
``(i) any qualified cash or deferred arrangement
established before the date of the enactment of this
section, or
``(ii) any annuity contract purchased under a plan
established before the date of the enactment of this
section.
``(B) Post-enactment adoption of multiple employer plan.--
Subparagraph (A) shall not apply in the case of an employer
adopting after such date of enactment a plan maintained by more
than one employer, and subsection (a) shall apply with respect
to such employer as if such plan were a single plan.
``(3) Exception for governmental and church plans.--Subsection
(a) shall not apply to any governmental plan (within the meaning of
section 414(d)) or any church plan (within the meaning of section
414(e)).
``(4) Exception for new and small businesses.--
``(A) New business.--Subsection (a) shall not apply to any
qualified cash or deferred arrangement, or any annuity contract
purchased under a plan, while the employer maintaining such
plan (and any predecessor employer) has been in existence for
less than 3 years.
``(B) Small businesses.--Subsection (a) shall not apply to
any qualified cash or deferred arrangement, or any annuity
contract purchased under a plan, earlier than the date that is
1 year after the close of the first taxable year with respect
to which the employer maintaining the plan normally employed
more than 10 employees.
``(C) Treatment of multiple employer plans.--In the case of
a plan maintained by more than 1 employer, subparagraphs (A)
and (B) shall be applied separately with respect to each such
employer, and all such employers to which subsection (a)
applies (after the application of this paragraph) shall be
treated as maintaining a separate plan for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part I of subchapter D of chapter 1 is amended by inserting after the
item relating to section 414 the following new item:
``Sec. 414A. Requirements related to automatic enrollment.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2024.
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN
STARTUP COSTS.
(a) Increase in Credit Percentage for Smaller Employers.--Section
45E(e) of is amended by adding at the end the following new paragraph:
``(4) Increased credit for certain small employers.--In the
case of an employer which would be an eligible employer under
subsection (c) if section 408(p)(2)(C)(i) was applied by
substituting `50 employees' for `100 employees', subsection (a)
shall be applied by substituting `100 percent' for `50 percent'.''.
(b) Additional Credit for Employer Contributions by Certain Small
Employers.--Section 45E, as amended by subsection (a), is amended by
adding at the end the following new subsection:
``(f) Additional Credit for Employer Contributions by Certain
Eligible Employers.--
``(1) In general.--In the case of an eligible employer, the
credit allowed for the taxable year under subsection (a)
(determined without regard to this subsection) shall be increased
by an amount equal to the applicable percentage of employer
contributions (other than any elective deferrals (as defined in
section 402(g)(3)) by the employer to an eligible employer plan
(other than a defined benefit plan (as defined in section 414(j))).
``(2) Limitations.--
``(A) Dollar limitation.--The amount determined under
paragraph (1) (before the application of subparagraph (B)) with
respect to any employee of the employer shall not exceed
$1,000.
``(B) Credit phase-in.--In the case of any eligible
employer which had for the preceding taxable year more than 50
employees, the amount determined under paragraph (1) (without
regard to this subparagraph) shall be reduced by an amount
equal to the product of--
``(i) the amount otherwise so determined under
paragraph (1), multiplied by
``(ii) a percentage equal to 2 percentage points for
each employee of the employer for the preceding taxable
year in excess of 50 employees.
``(C) Wage limitation.--
``(i) In general.--No contributions with respect to any
employee who receives wages from the employer for the
taxable year in excess of $100,000 may be taken into
account for such taxable year under subparagraph (A).
``(ii) Wages.--For purposes of the preceding sentence,
the term `wages' has the meaning given such term by section
3121(a).
``(iii) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2023, the
$100,000 amount under clause (i) shall be increased by an
amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as adjusted under this clause is not a
multiple of $5,000, such amount shall be rounded to the
next lowest multiple of $5,000.
``(3) Applicable percentage.--For purposes of this section, the
applicable percentage for the taxable year during which the
eligible employer plan is established with respect to the eligible
employer shall be 100 percent, and for taxable years thereafter
shall be determined under the following table:
``In the case of the following taxable year beginning after the taxable
year during which plan is established with respect to the eligible
employer:
The applicable percentage shall be:
1st.......................................................
100%
2nd.......................................................
75%
3rd.......................................................
50%
4th.......................................................
25%
Any taxable year thereafter...............................
0%
``(4) Determination of eligible employer; number of
employees.--For purposes of this subsection, whether an employer is
an eligible employer and the number of employees of an employer
shall be determined under the rules of subsection (c), except that
paragraph (2) thereof shall only apply to the taxable year during
which the eligible employer plan to which this section applies is
established with respect to the eligible employer.''.
(c) Disallowance of Deduction.--Section 45E(e)(2) is amended to
read as follows:
``(2) Disallowance of deduction.--No deduction shall be
allowed--
``(A) for that portion of the qualified startup costs paid
or incurred for the taxable year which is equal to so much of
the portion of the credit determined under subsection (a) as is
properly allocable to such costs, and
``(B) for that portion of the employer contributions by the
employer for the taxable year which is equal to so much of the
credit increase determined under subsection (f) as is properly
allocable to such contributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 103. SAVER'S MATCH.
(a) In General.--Subchapter B of chapter 65 is amended by adding at
the end the following new section:
``SEC. 6433. SAVER'S MATCH.
``(a) In General.--
``(1) Allowance of match.--Any eligible individual who makes
qualified retirement savings contributions for the taxable year
shall be allowed a matching contribution for such taxable year in
an amount equal to the applicable percentage of so much of the
qualified retirement savings contributions made by such eligible
individual for the taxable year as does not exceed $2,000.
``(2) Payment of match.--
``(A) In general.--Except as provided in subparagraph (B),
the matching contribution under this section shall be allowed
as a credit which shall be payable by the Secretary as a
contribution (as soon as practicable after the eligible
individual has filed a tax return making a claim for such
matching contribution for the taxable year) to the applicable
retirement savings vehicle of the eligible individual.
``(B) Exception.--In the case of an eligible individual who
elects the application of this subparagraph and with respect to
whom the matching contribution determined under paragraph (1)
is greater than zero but less than $100 for the taxable year,
subparagraph (A) shall not apply and such matching contribution
shall be treated as a credit allowed by subpart C of part IV of
subchapter A of chapter 1.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall be
reduced (but not below zero) by the number of percentage points
which bears the same ratio to 50 percentage points as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) the applicable dollar amount, bears to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a whole
percentage point, such reduction shall be rounded to the next
lowest whole percentage point.
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns and surviving spouses.--Except as
provided in subparagraph (B)--
``(i) the applicable dollar amount is $41,000, and
``(ii) the phaseout range is $30,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in section
2(b)), the applicable dollar amount and the phaseout range
shall be \3/4\ of the amounts applicable under subparagraph
(A) (as adjusted under subsection (h)), and
``(ii) any taxpayer who is not filing a joint return,
who is not a head of a household (as so defined), and who
is not a surviving spouse (as defined in section 2(a)), the
applicable dollar amount and the phaseout range shall be
\1/2\ of the amounts applicable under subparagraph (A) (as
so adjusted).
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as of the
close of the taxable year.
``(2) Dependents and full-time students not eligible.--The term
`eligible individual' shall not include--
``(A) any individual with respect to whom a deduction under
section 151 is allowed to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins, and
``(B) any individual who is a student (as defined in
section 152(f)(2)).
``(3) Nonresident aliens not eligible.--The term `eligible
individual' shall not include any individual who is a nonresident
alien individual for any portion of the taxable year unless such
individual is treated for such taxable year as a resident of the
United States for purposes of chapter 1 by reason of an election
under subsection (g) or (h) of section 6013.
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section--
``(1) In general.--The term `qualified retirement savings
contributions' means, with respect to any taxable year, the sum
of--
``(A) the amount of the qualified retirement contributions
(as defined in section 219(e)) made by the eligible individual,
``(B) the amount of--
``(i) any elective deferrals (as defined in section
402(g)(3)) of such individual, and
``(ii) any elective deferral of compensation by such
individual under an eligible deferred compensation plan (as
defined in section 457(b)) of an eligible employer
described in section 457(e)(1)(A), and
``(C) the amount of voluntary employee contributions by
such individual to any qualified retirement plan (as defined in
section 4974(c)).
Such term shall not include any amount attributable to a payment
under subsection (a)(2).
``(2) Reduction for certain distributions.--
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) for a taxable year
shall be reduced (but not below zero) by the aggregate
distributions received by the individual during the testing
period from any entity of a type to which contributions under
paragraph (1) may be made.
``(B) Testing period.--For purposes of subparagraph (A),
the testing period, with respect to a taxable year, is the
period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year and before
the due date (including extensions) for filing the return
of tax for such taxable year.
``(C) Excepted distributions.--There shall not be taken
into account under subparagraph (A)--
``(i) any distribution referred to in section 72(p),
401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4),
``(ii) any distribution to which section 408(d)(3) or
408A(d)(3) applies, and
``(iii) any portion of a distribution if such portion
is transferred or paid in a rollover contribution (as
defined in section 402(c), 403(a)(4), 403(b)(8), 408A(e),
or 457(e)(16)) to an account or plan to which qualified
retirement savings contributions can be made.
``(D) Treatment of distributions received by spouse of
individual.--For purposes of determining distributions received
by an individual under subparagraph (A) for any taxable year,
any distribution received by the spouse of such individual
shall be treated as received by such individual if such
individual and spouse file a joint return for such taxable year
and for the taxable year during which the spouse receives the
distribution.
``(e) Applicable Retirement Savings Vehicle.--
``(1) In general.--The term `applicable retirement savings
vehicle' means an account or plan elected by the eligible
individual under paragraph (2).
``(2) Election.--Any such election to have contributed the
amount determined under subsection (a) shall be to an account or
plan which--
``(A) is--
``(i) the portion of a plan which--
``(I) is described in clause (v) of section
402(c)(8)(B), is a qualified cash or deferred
arrangement (within the meaning of section 401(k)), or
is an annuity contract described in section 403(b)
which is purchased under a salary reduction agreement,
and
``(II) does not consist of a qualified Roth
contribution program (as defined in section 402A(b)),
or
``(ii) an individual retirement plan which is not a
Roth IRA,
``(B) is for the benefit of the eligible individual,
``(C) accepts contributions made under this section, and
``(D) is designated by such individual (in such form and
manner as the Secretary may provide).
``(f) Other Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted
gross income--
``(A) determined without regard to sections 911, 931, and
933, and
``(B) determined without regard to any exclusion or
deduction allowed for any qualified retirement savings
contribution made during the taxable year.
``(2) Treatment of contributions.--In the case of any
contribution under subsection (a)(2)--
``(A) except as otherwise provided in this section or by
the Secretary under regulations, such contribution shall be
treated as--
``(i) an elective deferral made by the individual, if
contributed to an applicable retirement savings vehicle
described in subsection (e)(2)(A)(i), or
``(ii) as an individual retirement plan contribution
made by such individual, if contributed to such a plan,
``(B) such contribution shall not be taken into account
with respect to any applicable limitation under sections
402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2),
414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for
purposes of sections 401(a)(4), 401(k)(3),
401(k)(11)(B)(i)(III), and 416, and
``(C) such contribution shall not be treated as an amount
that may be paid, made available, or distributable to the
participant under section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii).
``(3) Treatment of qualified plans, etc.--A plan or arrangement
to which a contribution is made under this section shall not be
treated as violating any requirement under section 401, 403, 408,
or 457 solely by reason of accepting such contribution.
``(4) Erroneous matching contributions.--
``(A) In general.--If any contribution is erroneously paid
under subsection (a)(2), including a payment that is not made
to an applicable retirement savings vehicle, the amount of such
erroneous payment shall be treated as an underpayment of tax
(other than for purposes of part II of subchapter A of chapter
68) for the taxable year in which the Secretary determines the
payment is erroneous.
``(B) Distribution of erroneous matching contributions.--In
the case of a contribution to which subparagraph (A) applies--
``(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1),
or 457(a)(1), whichever is applicable, shall not apply to
any distribution of such contribution, and section 72(t)
shall not apply to the distribution of such contribution or
any income attributable thereto, if such distribution is
received not later than the day prescribed by law
(including extensions of time) for filing the individual's
return for such taxable year, and
``(ii) any plan or arrangement from which such a
distribution is made under this subparagraph shall not be
treated as violating any requirement under section 401,
403, or 457 solely by reason of making such distribution.
``(5) Exception from reduction or offset.--Any payment made to
any individual under this section shall not be--
``(A) subject to reduction or offset pursuant to subsection
(c), (d), (e), or (f) of section 6402 or any similar authority
permitting offset, or
``(B) reduced or offset by other assessed Federal taxes
that would otherwise be subject to levy or collection.
``(6) Saver's match recovery payments.--
``(A) In general.--In the case of an applicable retirement
savings vehicle to which contributions have been made under
subsection (a)(2), and from which a specified early
distribution has been made during the taxable year, if the
aggregate amount of such contributions exceeds the account
balance of such savings vehicle at the end of the such taxable
year, the tax imposed by chapter 1 shall be increased by an
amount equal to such excess (reduced by the amount by which the
tax under such chapter was increased under section 72(t)(1)
with respect to such distribution).
``(B) Specified early distribution.--For purposes of this
paragraph, the term `specified early distribution' means any
portion of a distribution--
``(i) which is from such applicable retirement savings
vehicle to which a contribution has been made under
subsection (a)(2),
``(ii) which is includible in gross income, and
``(iii) to which 72(t)(1) applies.
``(C) Excess may be repaid.--
``(i) In general.--The increase in tax for any taxable
year under subparagraph (A) shall be reduced (but not below
zero) by so much of such specified early distribution as
the individual elects to contribute to an applicable
retirement savings vehicle not later than the day
prescribed by law (including extensions of time) for filing
such individual's return for such taxable year.
``(ii) Contribution of excess.--Any individual who
elects to contribute an amount under clause (i) may make
one or more contributions in an aggregate amount not to
exceed the amount of the specified early distribution to
which the election relates to an applicable retirement
savings vehicle and to which a rollover contribution of
such distribution could be made under section 402(c),
403(b)(8), 408(d)(3), or 457(e)(16), as the case may be.
``(iii) Limitation on contributions to applicable
retirement savings vehicle other than iras.--The aggregate
amount of contributions made by an individual under clause
(ii) to any applicable savings retirement vehicle which is
not an individual retirement plan shall not exceed the
aggregate amount of specified early retirement
distributions which are made from such savings retirement
vehicle to such individual. Clause (ii) shall not apply to
contributions to any applicable retirement savings vehicle
which is not an individual retirement plan unless the
individual is eligible to make contributions (other than
those described in clause (ii)) to such retirement savings
vehicle.
``(iv) Treatment of repayments of distributions from
applicable eligible retirement plans other than iras.--If a
contribution is made under clause (ii) with respect to a
specified early distribution from an applicable savings
retirement vehicle other than an individual retirement
plan, then the taxpayer shall, to the extent of the amount
of the contribution, be treated as having received such
distribution in an eligible rollover distribution (as
defined in section 402(c)(4)) and as having transferred the
amount to the savings retirement vehicle in a direct
trustee to trustee transfer within 60 days of the
distribution.
``(v) Treatment of repayments for distributions from
iras.--If a contribution is made under clause (ii) with
respect to a specified early distribution from an
individual retirement plan, then, to the extent of the
amount of the contribution, such distribution shall be
treated as a distribution described in section 408(d)(3)
and as having been transferred to the applicable retirement
savings vehicle in a direct trustee to trustee transfer
within 60 days of the distribution.
``(D) Rules to account for investment loss.--The Secretary
shall prescribe such rules as may be appropriate to reduce any
increase in tax otherwise made under subparagraph (A) to
properly account for the extent to which any portion of the
excess described in such subparagraph is allocable to
investment loss in the retirement savings vehicle.
``(g) Provision by Secretary of Information Relating to
Contributions.--In the case of an amount elected by an eligible
individual to be contributed to an account or plan under subsection
(e)(2), the Secretary shall provide general guidance applicable to the
custodian of the account or the plan sponsor, as the case may be,
detailing the treatment of such contribution under subsection (f)(2)
and the reporting requirements with respect to such contribution under
section 6058, particularly as such requirements are modified pursuant
to section 102(c)(2) of the SECURE 2.0 Act of 2022.
``(h) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year beginning in
a calendar year after 2027, the $41,000 amount in subsection
(b)(3)(A)(i) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2026' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--Any increase determined under paragraph (1)
shall be rounded to the nearest multiple of $1,000.''.
(b) Treatment of Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--The
Secretary of the Treasury shall pay to each possession of the
United States which has a mirror code tax system amounts equal to
the loss (if any) to that possession by reason of the amendments
made by this section. Such amounts shall be determined by the
Secretary of the Treasury based on information provided by the
government of the respective possession.
(2) Payments to other possessions.--The Secretary of the
Treasury shall pay to each possession of the United States which
does not have a mirror code tax system amounts estimated by the
Secretary of the Treasury as being equal to the aggregate benefits
(if any) that would have been provided to eligible residents of
such possession by reason of the amendments made by this section if
a mirror code tax system had been in effect in such possession. The
preceding sentence shall not apply unless the respective possession
has a process, which has been approved by the Secretary of the
Treasury, under which such possession promptly transfers the
payments directly on behalf of eligible residents to a retirement
savings vehicle established under the laws of such possession or
the United States that is substantially similar to a plan, or is a
plan, described in clause (iii), (iv), (v), or (vi) of section
402(c)(8)(B) of the Internal Revenue Code of 1986 or an individual
retirement plan, and the restrictions on distributions from such
retirement savings vehicle are substantially similar to the
provisions of section 6433(d)(2) of such Code (as added by this
section).
(3) Coordination with united states saver's match.--No matching
contribution shall be allowed under section 6433 of the Internal
Revenue Code of 1986 (as added by this section) to any person--
(A) to whom a matching contribution is paid by the
possession by reason of the amendments made by this section, or
(B) who is eligible for a payment under a plan described in
paragraph (2).
(4) Mirror code tax system.--For purposes of this subsection,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were the
United States.
(5) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this subsection
shall be treated in the same manner as a refund due from a credit
provision referred to in subsection (b)(2) of such section.
(c) Administrative Provisions.--
(1) Deficiencies.--Section 6211(b)(4) is amended by striking
``and 7527A'' and inserting ``7527A, and 6433''.
(2) Reporting.--The Secretary of the Treasury shall amend the
forms relating to reports required under section 6058 of the
Internal Revenue Code of 1986 to require--
(A) separate reporting of the aggregate amount of
contributions received by the plan during the year under
section 6433 of the Internal Revenue Code of 1986 (as added by
this section), and
(B) similar reporting with respect to individual retirement
accounts (as defined in section 408 of such Code) and
individual retirement annuities (as defined in section 408(b)
of such Code).
(d) Payment Authority.--Section 1324(b)(2) of title 31, United
States Code, is amended by striking ``or 7527A'' and inserting ``7527A,
or 6433''.
(e) Conforming Amendments.--
(1) Paragraph (1) of section 25B(d) is amended by striking
``the sum of--'' and all that follows through ``the amount of
contributions made before January 1, 2026'' and inserting ``the
amount of contributions made before January 1, 2026''.
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
``Sec. 6433. Saver's Match.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2026.
SEC. 104. PROMOTION OF SAVER'S MATCH.
(a) In General.--The Secretary of the Treasury shall take such
steps as the Secretary determines are necessary and appropriate to
increase public awareness of the matching contribution provided under
section 6433 of the Internal Revenue Code of 1986.
(b) Report to Congress.--
(1) In general.--Not later than July 1, 2026, the Secretary
shall provide a report to Congress to summarize the anticipated
promotion efforts of the Treasury under subsection (a).
(2) Contents.--Such report shall include--
(A) a description of plans for--
(i) the development and distribution of digital and
print materials, including the distribution of such
materials to States for participants in State facilitated
retirement savings programs,
(ii) the translation of such materials into the 10 most
commonly spoken languages in the United States after
English (as determined by reference to the most recent
American Community Survey of the Bureau of the Census), and
(iii) communicating the adverse consequences of early
withdrawal from an applicable retirement savings vehicle to
which a matching contribution has been paid under section
6333(a)(2) of the Internal Revenue Code of 1986, including
the operation of the Saver's Match Recovery Payment rules
under section 6433(f)(6) of such Code and associated early
withdrawal penalties, and
(B) such other information as the Secretary determines is
necessary.
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION.
(a) In General.--Section 3(43)(B)(ii) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(43)(B)(ii)) is amended to
read as follows:
``(ii) designate a named fiduciary (other than an
employer in the plan) to be responsible for collecting
contributions to the plan and require such fiduciary to
implement written contribution collection procedures that
are reasonable, diligent, and systematic;''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
SEC. 106. MULTIPLE EMPLOYER 403(b) PLANS.
(a) In General.--Section 403(b) is amended by adding at the end the
following new paragraph:
``(15) Multiple employer plans.--
``(A) In general.--Except in the case of a church plan,
this subsection shall not be treated as failing to apply to an
annuity contract solely by reason of such contract being
purchased under a plan maintained by more than 1 employer.
``(B) Treatment of employers failing to meet requirements
of plan.--
``(i) In general.--In the case of a plan maintained by
more than 1 employer, this subsection shall not be treated
as failing to apply to an annuity contract held under such
plan merely because of one or more employers failing to
meet the requirements of this subsection if such plan
satisfies rules similar to the rules of section 413(e)(2)
with respect to any such employer failure.
``(ii) Additional requirements in case of non-
governmental plans.--A plan shall not be treated as meeting
the requirements of this subparagraph unless the plan
satisfies rules similar to the rules of subparagraph (A) or
(B) of section 413(e)(1), except in the case of a multiple
employer plan maintained solely by any of the following: A
State, a political subdivision of a State, or an agency or
instrumentality of any one or more of the foregoing.''.
(b) Annual Registration for 403(b) Multiple Employer Plan.--Section
6057 is amended by redesignating subsection (g) as subsection (h) and
by inserting after subsection (f) the following new subsection:
``(g) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(c) Annual Information Returns for 403(b) Multiple Employer Plan.--
Section 6058 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new subsection:
``(f) 403(b) Multiple Employer Plans Treated as One Plan.--In the
case of annuity contracts to which this section applies and to which
section 403(b) applies by reason of the plan under which such contracts
are purchased meeting the requirements of paragraph (15) thereof, such
plan shall be treated as a single plan for purposes of this section.''.
(d) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 3(43)(A) of the Employee Retirement
Income Security Act of 1974 is amended--
(A) in clause (ii), by striking ``section 501(a) of such
Code or'' and inserting ``section 501(a) of such Code, a plan
that consists of annuity contracts described in section 403(b)
of such Code, or''; and
(B) in the flush text at the end following clause (iii), by
striking ``the plan.'' and inserting ``the plan, but such term
shall include any plan (other than a plan excepted from the
application of this title by section 4(b)(2)) maintained for
the benefit of the employees of more than 1 employer that
consists of annuity contracts described in section 403(b) of
such Code and that meets the requirements of subparagraph (B)
of section 413(e)(1) of such Code.''.
(2) Conforming amendments.--Sections 3(43)(B)(v)(II) and
3(44)(A)(i)(I) of the Employee Retirement Income Security Act of
1974 are each amended by striking ``section 401(a) of such Code
or'' and inserting ``section 401(a) of such Code, a plan that
consists of annuity contracts described in section 403(b) of such
Code, or''.
(e) Regulations Relating to Employer Failure to Meet Multiple
Employer Plan Requirements.--The Secretary of the Treasury (or the
Secretary's delegate) shall prescribe such regulations as may be
necessary to clarify, in the case of plans to which section 403(b)(15)
of the Internal Revenue Code of 1986 applies, the treatment of an
employer departing such plan in connection with such employer's failure
to meet multiple employer plan requirements.
(f) Modification of Model Plan Language, etc.--
(1) Plan notifications.--The Secretary of the Treasury (or the
Secretary's delegate), in consultation with the Secretary of Labor,
shall modify the model plan language published under section
413(e)(5) of the Internal Revenue Code of 1986 to include language
that requires participating employers be notified that the plan is
subject to the Employee Retirement Income Security Act of 1974 and
that such employer is a plan sponsor with respect to its employees
participating in the multiple employer plan and, as such, has
certain fiduciary duties with respect to the plan and to its
employees.
(2) Model plans for multiple employer 403(b) plans.--For plans
to which section 403(b)(15)(A) of the Internal Revenue Code of 1986
applies (other than a plan maintained for its employees by a State,
a political subdivision of a State, or an agency or instrumentality
of any one or more of the foregoing), the Secretary of the Treasury
(or the Secretary's delegate), in consultation with the Secretary
of Labor, shall publish model plan language similar to model plan
language published under section 413(e)(5) of such Code.
(3) Educational outreach to employers exempt from tax.--The
Secretary of the Treasury (or the Secretary's delegate), in
consultation with the Secretary of Labor, shall provide education
and outreach to increase awareness to employers described in
section 501(c)(3) of the Internal Revenue Code of 1986, and which
are exempt from tax under section 501(a) of such Code, that
multiple employer plans are subject to the Employee Retirement
Income Security Act of 1974 and that such employer is a plan
sponsor with respect to its employees participating in the multiple
employer plan and, as such, has certain fiduciary duties with
respect to the plan and to its employees.
(g) No Inference With Respect to Church Plans.--Regarding any
application of section 403(b) of the Internal Revenue Code of 1986 to
an annuity contract purchased under a church plan (as defined in
section 414(e) of such Code) maintained by more than 1 employer, or to
any application of rules similar to section 413(e) of such Code to such
a plan, no inference shall be made from section 403(b)(15)(A) of such
Code (as added by this Act) not applying to such plans.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
(2) Rule of construction.--Nothing in the amendments made by
subsection (a) shall be construed as limiting the authority of the
Secretary of the Treasury or the Secretary's delegate (determined
without regard to such amendment) to provide for the proper
treatment of a failure to meet any requirement applicable under the
Internal Revenue Code of 1986 with respect to one employer (and its
employees) in the case of a plan to which section 403(b)(15) of the
Internal Revenue Code of 1986 applies.
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY
DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) is amended by striking
``age 72'' and inserting ``the applicable age''.
(b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs
(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) are each amended by
striking ``age 72'' and inserting ``the applicable age''.
(c) Applicable Age.--Section 401(a)(9)(C) is amended by adding at
the end the following new clause:
``(v) Applicable age.--
``(I) In the case of an individual who attains age
72 after December 31, 2022, and age 73 before January
1, 2033, the applicable age is 73.
``(II) In the case of an individual who attains age
74 after December 31, 2032, the applicable age is
75.''.
(d) Conforming Amendments.--The last sentence of section 408(b) is
amended by striking ``age 72'' and inserting ``the applicable age
(determined under section 401(a)(9)(C)(v) for the calendar year in
which such taxable year begins)''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions required to be made after December 31, 2022,
with respect to individuals who attain age 72 after such date.
SEC. 108. INDEXING IRA CATCH-UP LIMIT.
(a) In General.--Subparagraph (C) of section 219(b)(5) is amended
by adding at the end the following new clause:
``(iii) Indexing of catch-up limitation.--In the case
of any taxable year beginning in a calendar year after
2023, the $1,000 amount under subparagraph (B)(ii) shall be
increased by an amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence
is not a multiple of $100, such amount shall be rounded to
the next lower multiple of $100.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 63.
(a) In General.--
(1) Plans other than simple plans.--Section 414(v)(2)(B)(i) is
amended by inserting the following before the period: ``(the
adjusted dollar amount, in the case of an eligible participant who
would attain age 60 but would not attain age 64 before the close of
the taxable year)''.
(2) Simple plans.--Section 414(v)(2)(B)(ii) is amended by
inserting the following before the period: ``(the adjusted dollar
amount, in the case of an eligible participant who would attain age
60 but would not attain age 64 before the close of the taxable
year)''.
(b) Adjusted Dollar Amount.--Section 414(v)(2) is amended by adding
at the end the following new subparagraph:
``(E) Adjusted dollar amount.--For purposes of subparagraph
(B), the adjusted dollar amount is--
``(i) in the case of clause (i) of subparagraph (B),
the greater of--
``(I) $10,000, or
``(II) an amount equal to 150 percent of the dollar
amount which would be in effect under such clause for
2024 for eligible participants not described in the
parenthetical in such clause, or
``(ii) in the case of clause (ii) of subparagraph (B),
the greater of--
``(I) $5,000, or
``(II) an amount equal to equal to 150 percent of
the dollar amount which would be in effect under such
clause for 2025 for eligible participants not described
in the parenthetical in such clause.''.
(c) Cost-of-living Adjustments.--Subparagraph (C) of section
414(v)(2) is amended by adding at the end the following: ``In the case
of a year beginning after December 31, 2025, the Secretary shall adjust
annually the adjusted dollar amounts applicable under clauses (i) and
(ii) of subparagraph (E) for increases in the cost-of-living at the
same time and in the same manner as adjustments under the preceding
sentence; except that the base period taken into account shall be the
calendar quarter beginning July 1, 2024.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2024.
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS
FOR PURPOSES OF MATCHING CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 401(m)(4) is amended
by striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iii) subject to the requirements of paragraph (14),
any employer contribution made to a defined contribution
plan on behalf of an employee on account of a qualified
student loan payment.''.
(b) Qualified Student Loan Payment.--Paragraph (4) of section
401(m) is amended by adding at the end the following new subparagraph:
``(D) Qualified student loan payment.--The term `qualified
student loan payment' means a payment made by an employee in
repayment of a qualified education loan (as defined in section
221(d)(1)) incurred by the employee to pay qualified higher
education expenses, but only--
``(i) to the extent such payments in the aggregate for
the year do not exceed an amount equal to--
``(I) the limitation applicable under section
402(g) for the year (or, if lesser, the employee's
compensation (as defined in section 415(c)(3)) for the
year), reduced by
``(II) the elective deferrals made by the employee
for such year, and
``(ii) if the employee certifies annually to the
employer making the matching contribution under this
paragraph that such payment has been made on such loan.
For purposes of this subparagraph, the term `qualified higher
education expenses' means the cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the day before the date of the enactment of the Taxpayer
Relief Act of 1997) at an eligible educational institution (as
defined in section 221(d)(2)).''.
(c) Matching Contributions for Qualified Student Loan Payments.--
Section 401(m) is amended by redesignating paragraph (13) as paragraph
(14), and by inserting after paragraph (12) the following new
paragraph:
``(13) Matching contributions for qualified student loan
payments.--
``(A) In general.--For purposes of paragraph (4)(A)(iii),
an employer contribution made to a defined contribution plan on
account of a qualified student loan payment shall be treated as
a matching contribution for purposes of this title if--
``(i) the plan provides matching contributions on
account of elective deferrals at the same rate as
contributions on account of qualified student loan
payments,
``(ii) the plan provides matching contributions on
account of qualified student loan payments only on behalf
of employees otherwise eligible to receive matching
contributions on account of elective deferrals,
``(iii) under the plan, all employees eligible to
receive matching contributions on account of elective
deferrals are eligible to receive matching contributions on
account of qualified student loan payments, and
``(iv) the plan provides that matching contributions on
account of qualified student loan payments vest in the same
manner as matching contributions on account of elective
deferrals.
``(B) Treatment for purposes of nondiscrimination rules,
etc.--
``(i) Nondiscrimination rules.--For purposes of
subparagraph (A)(iii), subsection (a)(4), and section
410(b), matching contributions described in paragraph
(4)(A)(iii) shall not fail to be treated as available to an
employee solely because such employee does not have debt
incurred under a qualified education loan (as defined in
section 221(d)(1)).
``(ii) Student loan payments not treated as plan
contribution.--Except as provided in clause (iii), a
qualified student loan payment shall not be treated as a
contribution to a plan under this title.
``(iii) Matching contribution rules.--Solely for
purposes of meeting the requirements of paragraph (11)(B),
(12), or (13) of this subsection, or paragraph
(11)(B)(i)(II), (12)(B), (13)(D), or (16)(D) of subsection
(k), a plan may treat a qualified student loan payment as
an elective deferral or an elective contribution, whichever
is applicable.
``(iv) Actual deferral percentage testing.--In
determining whether a plan meets the requirements of
subsection (k)(3)(A)(ii) for a plan year, the plan may
apply the requirements of such subsection separately with
respect to all employees who receive matching contributions
described in paragraph (4)(A)(iii) for the plan year.
``(C) Employer may rely on employee certification.--The
employer may rely on an employee certification of payment under
paragraph (4)(D)(ii).''.
(d) Simple Retirement Accounts.--Paragraph (2) of section 408(p) is
amended by adding at the end the following new subparagraph:
``(F) Matching contributions for qualified student loan
payments.--
``(i) In general.--Subject to the rules of clause
(iii), an arrangement shall not fail to be treated as
meeting the requirements of subparagraph (A)(iii) solely
because under the arrangement, solely for purposes of such
subparagraph, qualified student loan payments are treated
as amounts elected by the employee under subparagraph
(A)(i)(I) to the extent such payments do not exceed--
``(I) the applicable dollar amount under
subparagraph (E) (after application of section 414(v))
for the year (or, if lesser, the employee's
compensation (as defined in section 415(c)(3)) for the
year), reduced by
``(II) any other amounts elected by the employee
under subparagraph (A)(i)(I) for the year.
``(ii) Qualified student loan payment.--For purposes of
this subparagraph--
``(I) In general.--The term `qualified student loan
payment' means a payment made by an employee in
repayment of a qualified education loan (as defined in
section 221(d)(1)) incurred by the employee to pay
qualified higher education expenses, but only if the
employee certifies to the employer making the matching
contribution that such payment has been made on such a
loan.
``(II) Qualified higher education expenses.--The
term `qualified higher education expenses' has the same
meaning as when used in section 401(m)(4)(D).
``(iii) Applicable rules.--Clause (i) shall apply to an
arrangement only if, under the arrangement--
``(I) matching contributions on account of
qualified student loan payments are provided only on
behalf of employees otherwise eligible to elect
contributions under subparagraph (A)(i)(I), and
``(II) all employees otherwise eligible to
participate in the arrangement are eligible to receive
matching contributions on account of qualified student
loan payments.''.
(e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12) is
amended by adding at the end the following: ``The fact that the
employer offers matching contributions on account of qualified student
loan payments as described in section 401(m)(13) shall not be taken
into account in determining whether the arrangement satisfies the
requirements of clause (ii) (and any regulation thereunder).''.
(f) 457(b) Plans.--Subsection (b) of section 457 is amended by
adding at the end the following: ``A plan which is established and
maintained by an employer which is described in subsection (e)(1)(A)
shall not be treated as failing to meet the requirements of this
subsection solely because the plan, or another plan maintained by the
employer which meets the requirements of section 401(a) or 403(b),
provides for matching contributions on account of qualified student
loan payments as described in section 401(m)(13).''.
(g) Regulatory Authority.--The Secretary of the Treasury (or such
Secretary's delegate) shall prescribe regulations for purposes of
implementing the amendments made by this section, including
regulations--
(1) permitting a plan to make matching contributions for
qualified student loan payments, as defined in sections
401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986,
as added by this section, at a different frequency than matching
contributions are otherwise made under the plan, provided that the
frequency is not less than annually;
(2) permitting employers to establish reasonable procedures to
claim matching contributions for such qualified student loan
payments under the plan, including an annual deadline (not earlier
than 3 months after the close of each plan year) by which a claim
must be made; and
(3) promulgating model amendments which plans may adopt to
implement matching contributions on such qualified student loan
payments for purposes of sections 401(m), 408(p), 403(b), and
457(b) of the Internal Revenue Code of 1986.
(h) Effective Date.--The amendments made by this section shall
apply to contributions made for plan years beginning after December 31,
2023.
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION PLAN
STARTUP COSTS TO EMPLOYERS WHICH JOIN AN EXISTING PLAN.
(a) In General.--Section 45E(d)(3)(A) is amended by striking
``effective'' and inserting ``effective with respect to the eligible
employer''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 104 of the Setting
Every Community Up for Retirement Enhancement Act of 2019.
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR
SMALL EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 45AA. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT FOR
SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case of any
eligible small employer, the military spouse retirement plan
eligibility credit determined under this section for any taxable year
is an amount equal to the sum of--
``(1) $200 with respect to each military spouse who is an
employee of such employer and who participates in an eligible
defined contribution plan of such employer at any time during such
taxable year, plus
``(2) so much of the contributions made by such employer (other
than an elective deferral (as defined in section 402(g)(3)) to all
such plans with respect to such employee during such taxable year
as do not exceed $300.
``(b) Limitation.--An individual shall only be taken into account
as a military spouse under subsection (a) for the taxable year which
includes the date on which such individual began participating in the
eligible defined contribution plan of the employer and the 2 succeeding
taxable years.
``(c) Eligible Small Employer.--For purposes of this section, the
term `eligible small employer' means an eligible employer (as defined
in section 408(p)(2)(C)(i)(I).
``(d) Military Spouse.--For purposes of this section--
``(1) In general.--The term `military spouse' means, with
respect to any employer, any individual who is married (within the
meaning of section 7703 as of the first date that the employee is
employed by the employer) to an individual who is a member of the
uniformed services (as defined section 101(a)(5) of title 10,
United States Code) serving on active duty. For purposes of this
section, an employer may rely on an employee's certification that
such employee's spouse is a member of the uniformed services if
such certification provides the name, rank, and service branch of
such spouse.
``(2) Exclusion of highly compensated employees.--With respect
to any employer, the term `military spouse' shall not include any
individual if such individual is a highly compensated employee of
such employer (within the meaning of section 414(q)).
``(e) Eligible Defined Contribution Plan.--For purposes of this
section, the term `eligible defined contribution plan' means, with
respect to any eligible small employer, any defined contribution plan
(as defined in section 414(i)) of such employer if, under the terms of
such plan--
``(1) military spouses employed by such employer are eligible
to participate in such plan not later than the date which is 2
months after the date on which such individual begins employment
with such employer, and
``(2) military spouses who are eligible to participate in such
plan--
``(A) are immediately eligible to receive an amount of
employer contributions under such plan which is not less the
amount of such contributions that a similarly situated
participant who is not a military spouse would be eligible to
receive under such plan after 2 years of service, and
``(B) immediately have a nonforfeitable right to the
employee's accrued benefit derived from employer contributions
under such plan.
``(f) Aggregation Rule.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414 shall be treated
as one employer for purposes of this section.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) is amended by striking ``plus'' at the end of paragraph (39), by
striking the period at the end of paragraph (40) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(41) in the case of an eligible small employer (as defined in
section 45AA(c)), the military spouse retirement plan eligibility
credit determined under section 45AA(a).''.
(c) Specified Credit for Purposes of Certified Professional
Employer Organizations.--Section 3511(d)(2) is amended by redesignating
subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I),
respectively, and by inserting after subparagraph (E) the following new
subparagraph:
``(F) section 45AA (military spouse retirement plan
eligibility credit),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45AA. Military spouse retirement plan eligibility credit for
small employers.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIBUTING TO
A PLAN.
(a) In General.--Subparagraph (A) of section 401(k)(4) is amended
by inserting ``(other than a de minimis financial incentive (not paid
for with plan assets) provided to employees who elect to have the
employer make contributions under the arrangement in lieu of receiving
cash)'' after ``any other benefit''.
(b) Section 403(b) Plans.--Subparagraph (A) of section 403(b)(12),
as amended by the preceding provisions of this Act, is further amended
by adding at the end the following: ``A plan shall not fail to satisfy
clause (ii) solely by reason of offering a de minimis financial
incentive (not derived from plan assets) to employees to elect to have
the employer make contributions pursuant to a salary reduction
agreement.''.
(c) Exemption From Prohibited Transaction Rules.--Subsection (d) of
section 4975 is amended by striking ``or'' at the end of paragraph
(22), by striking the period at the end of paragraph (23) and inserting
``, or'', and by adding at the end the following new paragraph:
``(24) the provision of a de minimis financial incentive
described in section 401(k)(4)(A).''.
(d) Amendment of Employee Retirement Income Security Act of 1974.--
Subsection (b) of section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the
end the following new paragraph:
``(21) The provision of a de minimis financial incentive
described in section 401(k)(4)(A) or section 403(b)(12)(A) of the
Internal Revenue Code of 1986.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date of enactment
of this Act.
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO
EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Section 1042(c)(1)(A) is amended by striking
``domestic C corporation'' and inserting ``domestic corporation''.
(b) 10 Percent Limitation on Application of Gain on Sale of S
Corporation Stock.--Section 1042 is amended by adding at the end the
following new subsection:
``(h) Application of Section to Sale of Stock in S Corporation.--In
the case of the sale of qualified securities of an S corporation, the
election under subsection (a) may be made with respect to not more than
10 percent of the amount realized on such sale for purposes of
determining the amount of gain not recognized and the extent to which
(if at all) the amount realized on such sale exceeds the cost of
qualified replacement property. The portion of adjusted basis that is
properly allocable to the portion of the amount realized with respect
to which the election is made under this subsection shall be taken into
account for purposes of the preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2027.
SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.
(a) In General.--Paragraph (2) of section 72(t) is amended by
adding at the end the following new subparagraph:
``(I) Distributions for certain emergency expenses.--
``(i) In general.--Any emergency personal expense
distribution.
``(ii) Annual limitation.--Not more than 1 distribution
per calendar year may be treated as an emergency personal
expense distribution by any individual.
``(iii) Dollar limitation.--The amount which may be
treated as an emergency personal expense distribution by
any individual in any calendar year shall not exceed the
lesser of $1,000 or an amount equal to the excess of--
``(I) the individual's total nonforfeitable accrued
benefit under the plan (the individual's total interest
in the plan in the case of an individual retirement
plan), determined as of the date of each such
distribution, over
``(II) $1,000.
``(iv) Emergency personal expense distribution.--For
purposes of this subparagraph, the term `emergency personal
expense distribution' means any distribution from an
applicable eligible retirement plan (as defined in
subparagraph (H)(vi)(I)) to an individual for purposes of
meeting unforeseeable or immediate financial needs relating
to necessary personal or family emergency expenses. The
administrator of an applicable eligible retirement plan may
rely on an employee's written certification that the
employee satisfies the conditions of the preceding sentence
in determining whether any distribution is an emergency
personal expense distribution. The Secretary may provide by
regulations for exceptions to the rule of the preceding
sentence in cases where the plan administrator has actual
knowledge to the contrary of the employee's certification,
and for procedures for addressing cases of employee
misrepresentation.
``(v) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
clause (ii) or (iii)) be an emergency personal expense
distribution, a plan shall not be treated as failing to
meet any requirement of this title merely because the plan
treats the distribution as an emergency personal expense
distribution, unless the number or the aggregate amount of
such distributions from all plans maintained by the
employer (and any member of any controlled group which
includes the employer, determined as provided in
subparagraph (H)(iv)(II)) to such individual exceeds the
limitation determined under clause (ii) or (iii).
``(vi) Amount distributed may be repaid.--Rules similar
to the rules of subparagraph (H)(v) shall apply with
respect to an individual who receives a distribution to
which clause (i) applies.
``(vii) Limitation on subsequent distributions.--If a
distribution is treated as an emergency personal expense
distribution in any calendar year with respect to a plan of
the employee, no amount may be treated as such a
distribution during the immediately following 3 calendar
years with respect to such plan unless--
``(I) such previous distribution is fully repaid to
such plan pursuant to clause (vi), or
``(II) the aggregate of the elective deferrals and
employee contributions to the plan (the total amounts
contributed to the plan in the case of an individual
retirement plan) subsequent to such previous
distribution is at least equal to the amount of such
previous distribution which has not been so repaid.
``(viii) Special rules.--Rules similar to the rules of
subclauses (II) and (IV) of subparagraph (H)(vi) shall
apply to any emergency personal expense distribution.''.
(b) Cross-reference.--See section 311 of this Act for amendment to
section 72(t)(2)(H)(v)(I) of the Internal Revenue Code of 1986 limiting
repayment of distribution to 3 years.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO SIMPLE
PLANS.
(a) In General.--
(1) Modification to definition.--Subparagraph (A) of section
408(p)(2) is amended by striking ``and'' at the end of clause
(iii), by redesignating clause (iv) as clause (v), and by inserting
after clause (iii) the following new clause:
``(iv) the employer may make nonelective contributions
of a uniform percentage (up to 10 percent) of compensation
for each employee who is eligible to participate in the
arrangement, and who has at least $5,000 of compensation
from the employer for the year, but such contributions with
respect to any employee shall not exceed $5,000 for the
year, and''.
(2) Limitation.--Subparagraph (A) of section 408(p)(2) is
amended by adding at the end the following: ``The compensation
taken into account under clause (iv) for any year shall not exceed
the limitation in effect for such year under section 401(a)(17).''.
(3) Overall dollar limit on contributions.--Paragraph (8) of
section 408(p) is amended to read as follows:
``(8) Coordination with maximum limitation.--In the case of any
simple retirement account--
``(A) subsection (a)(1) shall be applied by substituting
for `the amount in effect for such taxable year under section
219(b)(1)(A)' the following: `the sum of the dollar amount in
effect under subsection (p)(2)(A)(ii), the employer
contribution required under subsection (p)(2)(A)(iii) or
(p)(2)(B)(i), whichever is applicable, and a contribution which
meets the requirement of subsection (p)(2)(A)(iv) with respect
to the employee', and
``(B) subsection (b)(2)(B) shall be applied by substituting
for `the dollar amount in effect under section 219(b)(1)(A)'
the following: `the sum of the dollar amount in effect under
subsection (p)(2)(A)(ii), the employer contribution required
under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is
applicable, and a contribution which meets the requirement of
subsection (p)(2)(A)(iv) with respect to the employee'.''.
(4) Adjustment for inflation.--Paragraph (2) of section 408(p),
as amended by this Act, is further amended by adding at the end the
following new subparagraph:
``(G) Adjustment for inflation.--In the case of taxable
years beginning after December 31, 2024, the $5,000 amount in
subparagraph (A)(iv)(II) shall be increased by an amount equal
to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2023' for `2016'
in subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest
multiple of $100.''.
(b) Conforming Amendments.--
(1) Section 408(p)(2)(A)(v), as redesignated by subsection (a),
is amended by striking ``or (iii)'' and inserting ``, (iii), or
(iv)''.
(2) Section 401(k)(11)(B)(i) is amended by striking ``and'' at
the end of subclause (II), by redesignating subclause (III) as
subclause (IV), and by inserting after subclause (II) the following
new subclause:
``(III) the employer may make nonelective
contributions of a uniform percentage (up to 10
percent) of compensation, but not to exceed the amount
in effect under section 408(p)(2)(A)(iv) in any year,
for each employee who is eligible to participate in the
arrangement and who has at least $5,000 of compensation
from the employer for the year, and''.
(3) Section 401(k)(11)(B)(i)(IV), as redesignated by paragraph
(2), is amended by striking ``or (II)'' and inserting ``, (II), or
(III)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 117. CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) In General.--Subparagraph (E) of section 408(p)(2) is amended--
(1) by striking ``amount is'' and all that follows in clause
(i) and inserting the following: ``dollar amount is--
``(I) the adjusted dollar amount in the case of an
eligible employer described in clause (iii) which had
not more than 25 employees who received at least $5,000
of compensation from the employer for the preceding
year,
``(II) the adjusted dollar amount in the case of an
eligible employer described in clause (iii) which is
not described in subclause (I) and which elects, at
such time and in such manner as prescribed by the
Secretary, the application of this subclause for the
year, and
``(III) $10,000 in any other case.'',
(2) by redesignating clause (ii) as clause (iii) and by
inserting after clause (i) the following new clause:
``(ii) Adjusted dollar amount.--For purposes of clause
(i), the adjusted dollar amount is an amount equal to 110
percent of the dollar amount in effect under clause
(i)(III) for calendar year 2024.'',
(3) by striking ``adjustment.--In the case of'' in clause
(iii), as so redesignated, and inserting ``adjustment.--
``(I) Certain large employers.--In the case of'',
(4) by striking ``clause (i)'' in such clause (iii) and
inserting ``clause (i)(III)'', and
(5) by adding at the end of such clause (iii) the following new
subclause:
``(II) Other employers.--In the case of a year
beginning after December 31, 2024, the Secretary shall
adjust annually the adjusted dollar amount under clause
(ii) in the manner provided under subclause (I) of this
clause, except that the base period taken into account
shall be the calendar quarter beginning July 1,
2023.''.
(b) Catch-up Contributions.--Paragraph (2) of section 414(v) is
amended--
(1) in subparagraph (B)--
(A) by striking ``the applicable'' in clause (ii), as
amended by this Act, and inserting ``except as provided in
clause (iii), the applicable''; and
(B) by adding at the end the following new clause:
``(iii) In the case of an applicable employer plan--
``(I) which is maintained by an eligible employer
described in section 408(p)(2)(E)(i)(I), or
``(II) to which an election under section
408(p)(2)(E)(i)(II) applies for the year (including a
plan described in section 401(k)(11) which is
maintained by an eligible employer described in section
408(p)(2)(E)(i)(II) and to which such election applies
by reason of subparagraphs (B)(i)(I) and (E) of section
401(k)(11)),
the applicable dollar amount is an amount equal to 110
percent of the dollar amount in effect under clause (ii)
for calendar year 2024.'', and
(2) in subparagraph (C), as amended by this Act--
(A) by striking ``adjustment.--In the case of'' and
inserting the following: ``adjustment.--
``(i) Certain large employers.--In the case of'', and
(B) by adding at the end the following new clause:
``(ii) Other employers.--In the case of a year
beginning after December 31, 2024, the Secretary shall
adjust annually the dollar amount described in subparagraph
(B)(iii) in the manner provided under clause (i) of this
subparagraph, except that the base period taken into
account shall be the calendar quarter beginning July 1,
2023.''.
(c) Employer Match.--Clause (ii) of section 408(p)(2)(C) is
amended--
(1) by striking ``The term'' in subclause (I) and inserting
``Except as provided in subclause (IV), the term'',
(2) by adding at the end the following new subclause:
``(IV) Special rule for electing larger
employers.--In the case of an employer which had more
than 25 employees who received at least $5,000 of
compensation from the employer for the preceding year,
and which makes the election under subparagraph
(E)(i)(II) for any year, subclause (I) shall be applied
for such year by substituting `4 percent' for `3
percent'.'', and
(3) by striking ``3 percent'' each place it appears in
subclauses (II) and (III) and inserting ``the applicable
percentage''.
(d) Increase in Nonelective Employer Contribution for Electing
Larger Employers.--Subparagraph (B) of section 408(p)(2) is amended by
adding at the end the following new clause:
``(iii) Special rule for electing larger employers.--In
the case of an employer which had more than 25 employees
who received at least $5,000 of compensation from the
employer for the preceding year, and which makes the
election under subparagraph (E)(i)(II) for any year, clause
(i) shall be applied for such year by substituting `3
percent' for `2 percent'.''.
(e) Transition Rule.--Paragraph (2) of section 408(p), as amended
by this Act, is further amended by adding at the end the following new
subparagraph:
``(H) 2-year grace period.--An eligible employer which had
not more than 25 employees who received at least $5,000 of
compensation from the employer for 1 or more years, and which
has more than 25 such employees for any subsequent year, shall
be treated for purposes of subparagraph (E)(i) as having 25
such employees for the 2 years following the last year the
employer had not more than 25 such employees, and not as having
made the election under subparagraph (E)(i)(II) for such 2
years. Rules similar to the second sentence of subparagraph
(C)(i)(II) shall apply for purposes of this subparagraph.''.
(f) Amendments Apply Only if Employer Has Not Had Another Plan
Within 3 Years.--Subparagraph (E) of section 408(p)(2), as amended by
subsection (a), is further amended by adding at the end the following
new clause:
``(iv) Employer has not had another plan within 3
years.--An eligible employer is described in this clause
only if, during the 3-taxable-year period immediately
preceding the 1st year the employer maintains the qualified
salary reduction arrangement under this paragraph, neither
the employer nor any member of any controlled group
including the employer (or any predecessor of either)
established or maintained any plan described in clause (i),
(ii), or (iv) of section 219(g)(5)(A) with respect to which
contributions were made, or benefits were accrued, for
substantially the same employees as are eligible to
participate in such qualified salary reduction
arrangement.''.
(g) Conforming Amendments Relating to Simple 401(k)s.--
(1) Subclause (I) of section 401(k)(11)(B)(i) is amended by
inserting ``(after the application of any election under section
408(p)(2)(E)(i)(II))'' before the comma.
(2) Paragraph (11) of section 401(k) is amended by adding at
the end the following new subparagraph:
``(E) Employers electing increased contributions.--In the
case of an employer which applies an election under section
408(p)(2)(E)(i)(II) for purposes of the contribution
requirements of this paragraph under subparagraph (B)(i)(I),
rules similar to the rules of subparagraphs (B)(iii),
(C)(ii)(IV), and (G) of section 408(p)(2) shall apply for
purposes of subparagraphs (B)(i)(II) and (B)(ii) of this
paragraph.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
(i) Reports by Secretary.--
(1) In general.--The Secretary of the Treasury shall, not later
than December 31, 2024, and annually thereafter, report to the
Committees on Finance and Health, Education, Labor, and Pensions of
the Senate and the Committees on Ways and Means and Education and
Labor of the House of Representatives on the data described in
paragraph (2), together with any recommendations the Secretary
deems appropriate.
(2) Data described.--For purposes of the report required under
paragraph (1), the Secretary of the Treasury shall collect data and
information on--
(A) the number of plans described in section 408(p) or
401(k)(11) of the Internal Revenue Code of 1986 that are
maintained or established during a year;
(B) the number of participants eligible to participate in
such plans for such year;
(C) median contribution amounts for the participants
described in subparagraph (B);
(D) the types of investments that are most common under
such plans; and
(E) the fee levels charged in connection with the
maintenance of accounts under such plans.
Such data and information shall be collected separately for each
type of plan. For purposes of collecting such data, the Secretary
of the Treasury may use such data as is otherwise available to the
Secretary for publication and may use such approaches as are
appropriate under the circumstances, including the use of voluntary
surveys and collaboration on studies.
SEC. 118. TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP
CONTRIBUTIONS.
(a) In General.--Subparagraph (B) of section 4972(c)(6) is
amended--
(1) by striking ``408(p)) or'' and inserting ``408(p)),''; and
(2) by inserting ``, or a simplified employee pension (within
the meaning of section 408(k))'' after ``401(k)(11))''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment under
section 4972(c)(6) of the Internal Revenue Code of 1986 of
nondeductible contributions to which the amendments made by this
section do not apply.
SEC. 119. APPLICATION OF SECTION 415 LIMIT FOR CERTAIN EMPLOYEES OF
RURAL ELECTRIC COOPERATIVES.
(a) In General.--Section 415(b) is amended by adding at the end the
following new paragraph:
``(12) Special rule for certain employees of rural electric
cooperatives.--
``(A) In general.--Subparagraph (B) of paragraph (1) shall
not apply to a participant in an eligible rural electric
cooperative plan, except in the case of a participant who was a
highly compensated employee (as defined in section 414(q)) of
an employer maintaining such plan for the earlier of--
``(i) the plan year in which the participant terminated
employment with such employer, or
``(ii) the plan year in which distributions commence
under the plan with respect to the participant, or
for any of the 5 plan years immediately preceding such earlier
plan year.
``(B) Eligible rural electric cooperative plan.--For
purposes of this paragraph--
``(i) In general.--The term `eligible rural electric
cooperative plan' means a plan maintained by more than 1
employer, with respect to which at least 85 percent of the
employers maintaining the plan are rural cooperatives
described in clause (i) or (ii) of section 401(k)(7)(B) or
are a national association of such a rural cooperative.
``(ii) Election.--An employer maintaining an eligible
rural cooperative plan may elect not to have subparagraph
(A) apply to its employees.
``(C) Regulations.--The Secretary shall prescribe such
regulations and other guidance as are necessary to limit the
application of subparagraph (A) such that it does not result in
increased benefits for highly compensated employees.''.
(b) Effective Date.--The amendment made by this section shall apply
to limitation years ending after the date of the enactment of this Act.
SEC. 120. EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY TRANSACTIONS.
(a) In General.--Section 4975(d), as amended by the preceding
provisions of this Act, is further amended by striking ``or'' at the
end of paragraph (23), by striking the period at the end of paragraph
(24) and inserting ``, or'', and by adding at the end the following new
paragraph:
``(25) the receipt of fees and compensation by the automatic
portability provider for services provided in connection with an
automatic portability transaction.''.
(b) Other Definitions and Special Rules.--Section 4975(f) is
amended by adding at the end the following new paragraph:
``(12) Rules relating to automatic portability transactions.--
``(A) In general.--For purposes of subsection (d)(25)--
``(i) Automatic portability transaction.--An automatic
portability transaction is a transfer of assets made--
``(I) from an individual retirement plan which is
established on behalf of an individual and to which
amounts were transferred under section
401(a)(31)(B)(i),
``(II) to an employer-sponsored retirement plan
described in clause (iii), (iv), (v), or (vi) of
section 402(c)(8)(B) (other than a defined benefit
plan) in which such individual is an active
participant, and
``(III) after such individual has been given
advance notice of the transfer and has not
affirmatively opted out of such transfer.
``(ii) Automatic portability provider.--An automatic
portability provider is a person, other than an individual,
who executes transfers described in clause (i).
``(B) Conditions for automatic portability transactions.--
Subsection (d)(25) shall not apply to an automatic portability
transaction unless the following requirements are satisfied:
``(i) Acknowledgment of fiduciary status.--An automatic
portability provider shall acknowledge in writing, at such
time and format as specified by the Secretary of Labor,
that the provider is a fiduciary with respect to the
individual retirement plan described in subparagraph
(A)(i)(I).
``(ii) Fees.--The fees and compensation received,
directly or indirectly, by the automatic portability
provider for services provided in connection with the
automatic portability transaction (including any increase
in such fees or compensation and any fees or compensation
in connection with, but received before, the transaction)--
``(I) shall not exceed reasonable compensation, and
``(II) shall be fully disclosed to and approved in
writing in advance of the transaction by a plan
fiduciary of the plan described in subparagraph
(A)(i)(II) which is independent of the automatic
portability provider.
An automatic portability provider shall not receive any
fees or compensation in connection with an automatic
portability transaction involving a plan which is sponsored
or maintained by the automatic portability provider.
``(iii) Data usage.--The automatic portability provider
shall not market or sell data relating to the individual
retirement plan described in subparagraph (A)(i)(I) or to
the participants of the plan described in subparagraph
(A)(i)(II).
``(iv) Open participation.--The automatic portability
provider shall offer automatic portability transactions on
the same terms to any plan described in subparagraph
(A)(i)(II).
``(v) Pre-transaction notice.--At least 60 days in
advance of an automatic portability transaction, the
automatic portability provider shall provide notice to the
individual on whose behalf the individual retirement plan
described in subparagraph (A)(i)(I) is established which
includes--
``(I) a description of the automatic portability
transaction and a complete and accurate statement of
all fees which will be charged and all compensation
which will be received in connection with the
transaction,
``(II) a clear and prominent description of the
individual's right to affirmatively elect not to
participate in the transaction as well as the other
available distribution options, the deadline by which
the individual must make an election, the procedures
for such an election, and a telephone number for the
automatic portability provider that the individual may
call to make such election,
``(III) a description of the individual's right to
designate a beneficiary and the procedures to do so,
and
``(IV) such other disclosures as the Secretary of
Labor may require by regulation.
``(vi) Post-transaction notice.--Not later than 3
business days after an automatic portability transaction,
the automatic portability provider shall provide notice to
the individual on whose behalf the individual retirement
plan described in subparagraph (A)(i)(I) is established
of--
``(I) the actions taken by the automatic
portability provider with respect to the individual's
account,
``(II) all relevant information regarding the
location and amount of any transferred assets,
``(III) a statement of fees charged against the
account by the automatic portability provider or its
affiliates in connection with the transfer,
``(IV) a telephone number at which the individual
can contact the automatic portability provider, and
``(V) such other disclosures as the Secretary of
Labor may require by regulation.
``(vii) Notice requirements.--The notices required
under clauses (v) and (vi) shall be written in a manner
calculated to be understood by the average person and shall
not include inaccurate or misleading statements.
``(viii) Frequency of searches.--The automatic
portability provider shall query on at least a monthly
basis whether any individual with an individual retirement
plan described in subparagraph (A)(i)(I) has an account in
a plan described in subparagraph (A)(i)(II).
``(ix) Timeliness of execution.--After liquidating the
assets of an individual retirement plan described in
subparagraph (A)(i)(I) to cash, an automatic portability
provider shall transfer the account balance of such plan as
soon as practicable to the plan described in subparagraph
(A)(i)(II).
``(x) Limitation on exercise of discretion.--The
automatic portability provider shall neither have nor
exercise discretion to affect the timing or amount of the
transfer pursuant to an automatic portability transaction
other than to deduct the appropriate fees as described in
clause (ii).
``(xi) Record retention and audits.--
``(I) In general.--An automatic portability
provider shall, for not less than 6 years after the
automatic portability transaction has occurred,
maintain the records sufficient to demonstrate the
terms of this subparagraph have been met. The automatic
portability provider shall make such records available
to any authorized employee of the Department of the
Treasury or the Department of Labor within 30 calendar
days of the date of a written request for such records.
``(II) Audits.--An automatic portability provider
shall conduct an annual audit, in accordance with
regulations promulgated by the Secretary of Labor, of
automatic portability transactions occurring during the
calendar year to demonstrate compliance with this
paragraph and any regulations thereunder and identify
any instances of noncompliance therewith, and shall
submit such audit annually to the Secretary of Labor,
in such form and manner as specified by such Secretary.
``(xii) Website.--The automatic portability provider
shall maintain a website which contains--
``(I) a list of recordkeepers for each plan
described in subparagraph (A)(i)(II) with respect to
which the provider carries out automatic portability
transactions, and
``(II) a list of all fees described in clause
(ii)(II) paid to the provider.''.
(c) Regulatory Authority.--Not later than 12 months after the date
of the enactment of this Act, the Secretary of Labor shall issue such
guidance as may be necessary to carry out the purposes of the
amendments made by this section, including regulations or other
guidance which--
(1) require an automatic portability provider to provide a
notice to individuals on whose behalf the individual retirement
plan described in paragraph (12)(A)(i)(I) of section 4975(f) of the
Internal Revenue Code of 1986, as added by this section, is
established in advance of the notices specified in paragraph
(12)(B)(v) of such section, as so added,
(2) require an automatic portability provider to disclose to
plans described in paragraph (12)(A)(i)(II) of section 4975(f) of
the Internal Revenue Code of 1986, as added by this section,
information required to be provided by a covered service provider
pursuant to section 2550.408b-2(c) of title 29, Code of Federal
Regulations,
(3) require a plan described in such paragraph (12)(A)(i)(II),
as so added, to fully disclose fees related to an automatic
portability transaction in its summary plan description or summary
of material modifications, as relevant,
(4) require a plan described in such paragraph, as so added, to
invest amounts received on behalf of a participant pursuant to an
automatic portability transaction in the participant's current
investment election under the plan or, if no election is made or
permitted, in the plan's qualified default investment alternative
(within the meaning of section 2550.404c-5 of title 29, Code of
Federal Regulations) or another investment selected by a fiduciary
with respect to such plan,
(5) prohibit or restrict the receipt or payment of third party
compensation (other than a direct fee paid by a plan sponsor which
is in lieu of a fee imposed on an individual retirement plan owner)
by an automatic portability provider in connection with an
automatic portability transaction,
(6) prohibit exculpatory provisions in an automatic portability
provider's contracts or communications with individuals disclaiming
or limiting its liability in the event that an automatic
portability transaction results in an improper transfer,
(7) require an automatic portability provider to take actions
necessary to reasonably ensure that participant and beneficiary
data is current and accurate,
(8) limit the use of data related to automatic portability
transactions for any purpose other than the execution of such
transactions or locating missing participants, except as permitted
by the Secretary of Labor,
(9) provide for corrections procedures in the event an auditor
determines the automatic portability provider was not in compliance
with this provision and related regulations as specified in
paragraph (12)(B)(ix)(II) of section 4975(f) of such Code, as so
added, including deadlines, supplemental audits, and corrective
actions which may include a temporary prohibition from relying on
the exemption provided by paragraph (25) of section 4975(d) of such
Code, as added by this section,
(10) ensure that the appropriate participants and
beneficiaries, in fact, receive all the required notices and
disclosures, and
(11) make clear that the exemption provided by paragraph (25)
of section 4975(d) of such Code, as added by this section, applies
solely to the automatic portability transactions described therein,
and, to the extent the Secretary deems necessary or advisable,
specify how the application of the exemption relates to or
coordinates with the application of other statutory provisions,
regulations, administrative guidance, or exemptions.
Any term used in this subsection which is used in paragraph (12) of
section 4975(f) of such Code, as added by this section, has the same
meaning as when used in such paragraph.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of the
first audit report received by the Secretary of Labor from any
automatic portability provider, and every 3 years thereafter, the
Secretary of Labor shall report to the Committees on Health,
Education, Labor and Pensions and Finance of the Senate and the
Committees on Education and Labor and Ways and Means of the House
of Representatives on--
(A) the effectiveness of automatic portability transactions
under the exemption provided by paragraph (25) of section
4975(d) of the Internal Revenue Code of 1986, as added by this
section, detailing--
(i) the number of automatic cash outs from qualified
plans to individual retirement plans described in section
4975(f)(12)(A)(i)(I) of such Code,
(ii) the number of completed automatic portability
transactions to employer-sponsored retirement plans
described in section 4975(f)(12)(A)(i)(II) of such Code,
(iii) the number of individual retirement plans
described in section 4975(f)(12)(A)(i)(I) of such Code
which have been transferred to designated beneficiaries,
(iv) the number of individual retirement plans
described in section 4975(f)(12)(A)(i)(I) of such Code for
which the automatic portability provider is searching for
next of kin due to a deceased account holder without a
designated beneficiary, and
(v) the number of accounts that were reduced to a zero
balance while in the automatic portability provider's
custody;
(B) a summary of any consumer complaints submitted to the
Employee Benefits Security Administration regarding automatic
portability transactions;
(C) a summary of compliance issues found in the annual
audit described in section 4975(f)(12)(B)(xiii)(II) of such
Code, if any, and their corrections;
(D) a summary of the fees individuals are charged in
connection with automatic portability transactions, including
whether those fees have increased since the last report;
(E) recommendations of any necessary statutory changes to
this exemption to improve the effectiveness of automatic
portability transactions, including repeal of this provision in
the event of a pattern of noncompliance; and
(F) any other information the Secretary of Labor deems
important.
The report required by this subsection shall be made publicly
available.
(2) Report on notices relating to automatic transfers.--Not
later than 2 years after the date of the enactment of this Act, the
Secretary of Treasury shall report to the Committee on Finance of
the Senate and the Committee on Ways and Means on the adequacy of
the notices relating to transfers under section 401(a)(31)(B)(i) of
the Internal Revenue Code of 1986.
(e) Effective Date.--The amendments made by this section shall
apply to transactions occurring on or after the date which is 12 months
after the date of the enactment of this Act.
SEC. 121. STARTER 401(k) PLANS FOR EMPLOYERS WITH NO RETIREMENT
PLAN.
(a) In General.--Section 401(k) is amended by adding at the end the
following new paragraph:
``(16) Starter 401(k) deferral-only plans for employers with no
retirement plan.--
``(A) In general.--A starter 401(k) deferral-only
arrangement maintained by an eligible employer shall be treated
as meeting the requirements of paragraph (3)(A)(ii).
``(B) Starter 401(k) deferral-only arrangement.--For
purposes of this paragraph, the term `starter 401(k) deferral-
only arrangement' means any cash or deferred arrangement which
meets--
``(i) the automatic deferral requirements of
subparagraph (C),
``(ii) the contribution limitations of subparagraph
(D), and
``(iii) the requirements of subparagraph (E) of
paragraph (13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this
subparagraph are met if, under the arrangement, each
eligible employee is treated as having elected to have the
employer make elective contributions in an amount equal to
a qualified percentage of compensation.
``(ii) Election out.--The election treated as having
been made under clause (i) shall cease to apply with
respect to any employee if such employee makes an
affirmative election--
``(I) to not have such contributions made, or
``(II) to make elective contributions at a level
specified in such affirmative election.
``(iii) Qualified percentage.--For purposes of this
subparagraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined under
the arrangement if such percentage is applied uniformly and
is not less than 3 or more than 15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this
subparagraph are met if, under the arrangement--
``(I) the only contributions which may be made are
elective contributions of employees described in
subparagraph (C), and
``(II) the aggregate amount of such elective
contributions which may be made with respect to any
employee for any calendar year shall not exceed $6,000.
``(ii) Cost-of-living adjustment.--In the case of any
calendar year beginning after December 31, 2024, the $6,000
amount under clause (i) shall be adjusted in the same
manner as under section 402(g)(4), except that `2023' shall
be substituted for `2005'.
``(iii) Catch-up contributions for individuals age 50
or over.--In the case of an individual who has attained the
age of 50 before the close of the taxable year, the
limitation under clause (i)(II) shall be increased by the
applicable amount determined under section 219(b)(5)(B)(ii)
(after the application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this paragraph--
``(i) In general.--The term `eligible employer' means
any employer if the employer does not maintain a qualified
plan with respect to which contributions are made, or
benefits are accrued, for service in the year for which the
determination is being made. If only individuals other than
employees described in subparagraph (A) of section
410(b)(3) are eligible to participate in such arrangement,
then the preceding sentence shall be applied without regard
to any qualified plan in which only employees described in
such subparagraph are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules similar to
the rules of section 408(p)(10) shall apply for purposes of
clause (i).
``(iii) Qualified plan.--The term `qualified plan'
means a plan, contract, pension, account, or trust
described in subparagraph (A) or (B) of paragraph (5) of
section 219(g) (determined without regard to the last
sentence of such paragraph (5)).
``(F) Eligible employee.--For purposes of this paragraph--
``(i) In general.--The term `eligible employee' means
any employee of the employer who meets the minimum age and
service conditions described in section 410(a)(1).
``(ii) Exclusions.--The employer may elect to exclude
from such definition any employee described in paragraph
(3) or (4) of section 410(b).''.
(b) Certain Annuity Contracts.--Section 403(b), as amended by the
preceding provision of this Act, is further amended by adding at the
end the following new paragraph:
``(16) Safe harbor deferral-only plans for employers with no
retirement plan.--
``(A) In general.--A safe harbor deferral-only plan
maintained by an eligible employer shall be treated as meeting
the requirements of paragraph (12).
``(B) Safe harbor deferral-only plan.--For purposes of this
paragraph, the term `safe harbor deferral-only plan' means any
plan which meets--
``(i) the automatic deferral requirements of
subparagraph (C),
``(ii) the contribution limitations of subparagraph
(D), and
``(iii) the requirements of subparagraph (E) of section
401(k)(13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this
subparagraph are met if, under the plan, each eligible
employee is treated as having elected to have the employer
make elective contributions in an amount equal to a
qualified percentage of compensation.
``(ii) Election out.--The election treated as having
been made under clause (i) shall cease to apply with
respect to any eligible employee if such eligible employee
makes an affirmative election--
``(I) to not have such contributions made, or
``(II) to make elective contributions at a level
specified in such affirmative election.
``(iii) Qualified percentage.--For purposes of this
subparagraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined under
the plan if such percentage is applied uniformly and is not
less than 3 or more than 15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this
subparagraph are met if, under the plan--
``(I) the only contributions which may be made are
elective contributions of eligible employees, and
``(II) the aggregate amount of such elective
contributions which may be made with respect to any
employee for any calendar year shall not exceed $6,000.
``(ii) Cost-of-living adjustment.--In the case of any
calendar year beginning after December 31, 2024, the $6,000
amount under clause (i) shall be adjusted in the same
manner as under section 402(g)(4), except that `2023' shall
be substituted for `2005'.
``(iii) Catch-up contributions for individuals age 50
or over.--In the case of an individual who has attained the
age of 50 before the close of the taxable year, the
limitation under clause (i)(II) shall be increased by the
applicable amount determined under section 219(b)(5)(B)(ii)
(after the application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this paragraph--
``(i) In general.--The term `eligible employer' means
any employer if the employer does not maintain a qualified
plan with respect to which contributions are made, or
benefits are accrued, for service in the year for which the
determination is being made. If only individuals other than
employees described in subparagraph (A) of section
410(b)(3) are eligible to participate in such arrangement,
then the preceding sentence shall be applied without regard
to any qualified plan in which only employees described in
such subparagraph are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules similar to
the rules of section 408(p)(10) shall apply for purposes of
clause (i).
``(iii) Qualified plan.--The term `qualified plan'
means a plan, contract, pension, account, or trust
described in subparagraph (A) or (B) of paragraph (5) of
section 219(g) (determined without regard to the last
sentence of such paragraph (5)).
``(F) Eligible employee.--For purposes of this paragraph,
the term `eligible employee' means any employee of the employer
other than an employee who is permitted to be excluded under
paragraph (12)(A).''.
(c) Starter and Safe Harbor Plans Not Treated as Top-Heavy Plans.--
Subparagraph (H) of section 416(g)(4) is amended--
(1) by striking ``arrangements'' in the heading and inserting
``arrangements or plans'',
(2) by striking ``, and'' at the end of clause (i) and
inserting ``and matching contributions with respect to which the
requirements of paragraph (11), (12), or (13) of section 401(m) are
met, or'', and
(3) by striking clause (ii) and inserting after clause (i) the
following new clause:
``(ii) a starter 401(k) deferral-only arrangement
described in section 401(k)(16)(B) or a safe harbor
deferral-only plan described in section 403(b)(16).''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 122. ASSIST STATES IN LOCATING OWNERS OF APPLICABLE SAVINGS
BONDS.
(a) In General.--Section 3105 of title 31, United States Code, is
amended by adding at the end the following:
``(f)(1)(A) The Secretary shall provide each State, in digital or
other electronic form, with information describing any applicable
savings bond which has an applicable address that is within such State,
including--
``(i) the name and applicable address of the registered owner;
and
``(ii) the name and applicable address of any registered co-
owner or beneficiary.
``(B) The information provided under subparagraph (A) may include
the serial number of any applicable savings bond.
``(C)(i) For purposes of this paragraph, the term `applicable
address' means, with respect to any applicable savings bond--
``(I) the registered address for the registered owner, co-
owner, or beneficiary (as applicable) of such bond; or
``(II) if such information is available to the Secretary, the
last known address for the registered owner, co-owner, or
beneficiary (as applicable) of such bond.
``(ii) For purposes of clause (i), if the information described in
subclause (II) of clause (i) with respect to any individual is
available to the Secretary, subclause (I) of such clause shall not
apply.
``(2)(A) Not later than 12 months after the date of enactment of
this subsection, the Secretary shall prescribe such regulations or
other guidance as may be necessary to carry out the purposes of this
subsection, including rules to--
``(i) protect the privacy of the owners of applicable savings
bonds;
``(ii) prevent fraud; and
``(iii) ensure that any information provided to a State under
this subsection shall be used solely to carry out the purposes of
this subsection.
``(B) Except as deemed necessary to protect privacy or prevent
fraud or misuse of savings bond information, any regulations or
guidance prescribed by the Secretary pursuant to subparagraph (A) shall
not have the effect of prohibiting, restricting, or otherwise
preventing a State from obtaining all information described in
paragraph (1)(A).
``(3) Not later than 12 months after the date of enactment of this
subsection, and annually thereafter for each year during the 5-year
period beginning after the date of enactment of this subsection, the
Secretary shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Ways and Means of
the House of Representatives, and the Committee on Finance of the
Senate a report assessing all efforts to satisfy the requirement under
paragraph (1)(A).
``(4) Any State that receives information described in paragraph
(1)(A) with respect to an applicable savings bond may use such
information to locate the owner of such bond pursuant to the same
standards and requirements as are applicable under--
``(A) the abandoned property rules and regulations of such
State; and
``(B) any regulations or guidance promulgated under this
subsection.
``(5) For purposes of this subsection, the Secretary may disclose
to the public any information with respect to any applicable savings
bond which a State may disclose to the public pursuant to paragraph
(4).
``(6) For purposes of this subsection, the term `applicable savings
bond' means a savings bond which--
``(A) is more than 3 years past its date of final maturity;
``(B)(i) is in paper form; or
``(ii) is in paperless or electronic form and for which--
``(I) there is no designated bank account or routing
information; or
``(II) the designated bank account or routing information
is incorrect; and
``(C) has not been redeemed.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act.
SEC. 123. CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF
EMPLOYEE STOCK OWNERSHIP PLANS.
(a) In General.--Section 401(a)(35) is amended by adding at the end
the following new subparagraph:
``(I) ESOP rules relating to publicly traded securities.--
In the case of an applicable defined contribution plan which is
an employee stock ownership plan, an employer security shall be
treated as described in subparagraph (G)(v) if--
``(i) the security is the subject of priced quotations
by at least 4 dealers, published and made continuously
available on an interdealer quotation system (as such term
is used in section 13 of the Securities Exchange Act of
1934) which has made the request described in section 6(j)
of such Act to be treated as an alternative trading system,
``(ii) the security is not a penny stock (as defined by
section 3(a)(51) of such Act),
``(iii) the security is issued by a corporation which
is not a shell company (as such term is used in section
4(d)(6) of the Securities Act of 1933), a blank check
company (as defined in section 7(b)(3) of such Act), or
subject to bankruptcy proceedings,
``(iv) the security has a public float (as such term is
used in section 240.12b-2 of title 17, Code of Federal
Regulations) which has a fair market value of at least
$1,000,000 and constitutes at least 10 percent of the total
shares issued and outstanding.
``(v) in the case of a security issued by a domestic
corporation, the issuer publishes, not less frequently than
annually, financial statements audited by an independent
auditor registered with the Public Company Accounting
Oversight Board established under the Sarbanes-Oxley Act of
2002, and
``(vi) in the case of a security issued by a foreign
corporation, the security is represented by a depositary
share (as defined under section 240.12b-2 of title 17, Code
of Federal Regulations), or is issued by a foreign
corporation incorporated in Canada and readily tradeable on
an established securities market in Canada, and the
issuer--
``(I) is subject to, and in compliance with, the
reporting requirements of section 13 or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)),
``(II) is subject to, and in compliance with, the
reporting requirements of section 230.257 of title 17,
Code of Federal Regulations, or
``(III) is exempt from such requirements under
section 240.12g3-2(b) of title 17, Code of Federal
Regulations.''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2027.
SEC. 124. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE
PROGRAMS.
(a) In General.--Section 529A(e) is amended by striking ``age 26''
each place it appears in paragraphs (1)(A) and (2)(A)(i)(II) and
inserting ``age 46''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2025.
SEC. 125. IMPROVING COVERAGE FOR PART-TIME WORKERS.
(a) In General.--
(1) Employee retirement income security act of 1974.--Section
202 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1052) is amended by adding at the end the following new
subsection:
``(c) Special Rule for Certain Part-time Employees.--
``(1) In general.--A pension plan that includes either a
qualified cash or deferred arrangement (as defined in section
401(k) of the Internal Revenue Code of 1986) or a salary reduction
agreement (as described in section 403(b) of such Code) shall not
require, as a condition of participation in the arrangement or
agreement, that an employee complete a period of service with the
employer (or employers) maintaining the plan extending beyond the
close of the earlier of--
``(A) the period permitted under subsection (a)(1)
(determined without regard to subparagraph (B)(i) thereof); or
``(B) the first 24-month period--
``(i) consisting of 2 consecutive 12-month periods
during each of which the employee has at least 500 hours of
service; and
``(ii) by the close of which the employee has met the
requirement of subsection (a)(1)(A)(i).
``(2) Exception.--Paragraph (1)(B) shall not apply to any
employee described in section 410(b)(3) of the Internal Revenue
Code of 1986.
``(3) Coordination with time of participation rules.--In the
case of employees who are eligible to participate in the
arrangement or agreement solely by reason of paragraph (1)(B), or
by reason of such paragraph and section 401(k)(2)(D)(ii) of such
Code, the rules of subsection (a)(4) shall apply to such employees.
``(4) 12-month period.--For purposes of this subsection, 12-
month periods shall be determined in the same manner as under the
last sentence of subsection (a)(3)(A), except that 12-month periods
beginning before January 1, 2023, shall not be taken into
account.''.
(2) Internal revenue code of 1986.--
(A) In general.--Section 403(b)(12) is amended by adding at
the end the following new subparagraph:
``(D) Rules relating to certain part-time employees.--
``(i) In general.--In the case of employees who are
eligible to participate in the agreement solely by reason
of section 202(c)(1)(B) of the Employee Retirement Income
Security Act of 1974--
``(I) notwithstanding section 401(a)(4), an
employer shall not be required to make nonelective or
matching contributions on behalf of such employees even
if such contributions are made on behalf of other
employees eligible to participate in the plan, and
``(II) the employer may elect to exclude such
employees from the application of subsections (a)(4),
(k)(3), (k)(12), (k)(13), and (m)(2) of section 401 and
section 410(b).''.
(B) Conforming amendment.--
(i) The last sentence of section 403(b)(12)(A), as
amended by this Act, is further amended by inserting ``and
section 202(c) of the Employee Retirement Income Security
Act of 1974'' after ``under section 410(b)(4)''.
(ii) Section 401(k)(15)(B)(i) is amended by inserting
``, or by reason of such paragraph and section 202(c)(1)(B)
of the Employee Retirement Income Security Act of 1974''
after ``paragraph (2)(D)(ii)''.
(b) Vesting.--Section 203(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Part-time employees.--For purposes of determining whether
an employee who became eligible to participate in a qualified cash
or deferred arrangement or a salary reduction agreement under a
plan solely by reason of section 202(c)(1)(B) has a nonforfeitable
right to employer contributions--
``(A) except as provided in subparagraph (B), each 12-month
period for which the employee has at least 500 hours of service
shall be treated as a year of service; and
``(B) paragraph (3) shall be applied by substituting `at
least 500 hours of service' for `more than 500 hours of
service' in subparagraph (A) thereof.
For purposes of this paragraph, 12-month periods shall be
determined in the same manner as under the last sentence of section
202(a)(3)(A), except that 12-month periods beginning before January
1, 2023, shall not be taken into account.''.
(c) Reduction in Period Service Requirement for Qualified Cash and
Deferred Arrangements.--Section 401(k)(2)(D)(ii) is amended by striking
``3'' and inserting ``2''.
(d) Pre-2021 Service.--Section 112(b) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 (26 U.S.C. 401
note) is amended by striking ``section 401(k)(2)(D)(ii)'' and inserting
``paragraphs (2)(D)(ii) and (15)(B)(iii) of section 401(k)''.
(e) Coordination With Rules for Top-heavy Plans.--Subparagraph (H)
of section 416(g)(4), as amended by this Act, is further amended by
inserting before ``If, but'' the following: ``Such term shall not
include a plan solely because such plan does not provide nonelective or
matching contributions to employees described in section
401(k)(15)(B)(i).''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to plan years beginning
after December 31, 2024.
(2) Subsection (d) and (e).--The amendments made by subsections
(d) and (e) shall take effect as if included in the enactment of
section 112 of the Setting Every Community Up for Retirement
Enhancement Act of 2019.
SEC. 126. SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM
QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
(a) In General.--Paragraph (3) of section 529(c) is amended by
adding at the end the following new subparagraph:
``(E) Special rollover to roth iras from long-term
qualified tuition programs.--
``(i) In general.--In the case of a distribution from a
qualified tuition program of a designated beneficiary which
has been maintained for the 15-year period ending on the
date of such distribution, subparagraph (A) shall not apply
to so much the portion of such distribution which--
``(I) does not exceed the aggregate amount
contributed to the program (and earnings attributable
thereto) before the 5-year period ending on the date of
the distribution, and
``(II) is paid in a direct trustee-to-trustee
transfer to a Roth IRA maintained for the benefit of
such designated beneficiary.
``(ii) Limitations.--
``(I) Annual limitation.--Clause (i) shall only
apply to so much of any distribution as does not exceed
the amount applicable to the designated beneficiary
under section 408A(c)(2) for the taxable year (reduced
by the amount of aggregate contributions made during
the taxable year to all individual retirement plans
maintained for the benefit of the designated
beneficiary).
``(II) Aggregate limitation.--This subparagraph
shall not apply to any distribution described in clause
(i) to the extent that the aggregate amount of such
distributions with respect to the designated
beneficiary for such taxable year and all prior taxable
years exceeds $35,000.''.
(b) Treatment Under Roth IRA Rules.--
(1) In general.--Paragraph (1) of section 408A(e) is amended--
(A) by striking the period at the end of subparagraph (B)
and inserting ``, and'',
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) from a qualified tuition program to the extent
provided in section 529(c)(3)(E).'', and
(C) by adding at the end the following new sentence: ``The
earnings and contributions of any qualified tuition program
from which a qualified rollover contribution is made under
subparagraph (C) shall be treated in the same manner as the
earnings and contributions of a Roth IRA from which a qualified
rollover contribution is made under subparagraph (A).''.
(2) Application of contribution limitations.--
(A) In general.--Section 408A(c)(5)(B) is amended--
(i) by striking ``A qualified rollover contribution''
and inserting the following:
``(i) In general.--A qualified rollover contribution'',
and
(ii) by adding at the end the following:
``(ii) Exception for rollovers from qualified tuition
programs.--Clause (i) shall not apply to any qualified
rollover contribution described in subsection (e)(1)(C).''.
(B) Waiver of roth ira income limitation.--Section
408A(c)(3) is amended by adding at the end the following new
subparagraph:
``(E) Special rule for certain transfers from qualified
tuition programs.--The amount determined under subparagraph (A)
shall be increased by the lesser of--
``(i) the amount of contributions described in section
529(c)(3)(E) for the taxable year, or
``(ii) the amount of the reduction determined under
such subparagraph (determined without regard to this
subparagraph).''.
(c) Reporting.--Section 529(d) is amended--
(1) by striking ``Each officer'' and inserting the following:
``(1) In general.--Each officer'',
(2) by striking ``by this subsection'' and inserting ``by this
paragraph'', and
(3) by adding at the end the following new paragraph:
``(2) Rollover distributions.--In the case of any distribution
described in subsection (c)(3)(E), the officer or employee having
control of the qualified tuition program (or their designee) shall
provide a report to the trustee of the Roth IRA to which the
distribution is made. Such report shall be filed at such time and
in such manner as the Secretary may require and shall include
information with respect to the contributions, distributions, and
earnings of the qualified tuition program as of the date of the
distribution described in subsection (c)(3)(A), together with such
other matters as the Secretary may require.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to distributions after December 31, 2023.
SEC. 127. EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL ACCOUNT
PLANS.
(a) Employee Pension Benefit Plans.--Section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002) is amended by
adding at the end the following:
``(45) Pension-linked emergency savings account.--The term
`pension-linked emergency savings account' means a short-term
savings account established and maintained as part of an individual
account plan, in accordance with section 801, on behalf of an
eligible participant (as such term is defined in section 801(b))
that--
``(A) is a designated Roth account (within the meaning of
section 402A of the Internal Revenue Code of 1986) and accepts
only participant contributions, as described in section
801(d)(1)(A), which are designated Roth contributions subject
to the rules of section 402A(e) of such Code; and
``(B) meets the requirements of part 8 of subtitle B.''.
(b) Pension-linked Emergency Savings Accounts.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is
amended by adding at the end the following:
``PART 8--PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS
``SEC. 801. PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
``(a) In General.--A plan sponsor of an individual account plan
may--
``(1) include in such individual account plan a pension-linked
emergency savings account meeting the requirements of subsection
(c); and
``(2)(A) offer to enroll an eligible participant in such
pension-linked emergency savings account; or
``(B) automatically enroll an eligible participant in such
account pursuant to an automatic contribution arrangement described
in paragraph (2) of subsection (c).
``(b) Eligible Participant.--
``(1) In general.--For purposes of this part, the term
`eligible participant', with regard to an individual account plan,
means an individual who--
``(A) meets any age, service, and other eligibility
requirements of the plan; and
``(B) is not a highly compensated employee.
``(2) Eligible participant who becomes a highly compensated
employee.--Notwithstanding paragraph (1)(B), an individual who is
enrolled in a pension-linked emergency savings account and
thereafter becomes a highly compensated employee may not make
further contributions to such account, but retains the right to
withdraw any account balance of such account in accordance with
subsection (c)(1)(A)(ii).
``(3) Definition.--For purposes of this subsection, the term
`highly compensated employee' has the meaning given the term in
section 414(q) of the Internal Revenue Code of 1986.
``(c) Account Requirements.--
``(1) In general.--A pension-linked emergency savings account--
``(A) shall--
``(i) not have a minimum contribution or account
balance requirement;
``(ii) allow for withdrawal by the participant of the
account balance, in whole or in part at the discretion of
the participant, at least once per calendar month and for
distribution of such withdrawal to the participant as soon
as practicable from the date on which the participant
elects to make such withdrawal; and
``(iii) be, as selected by the plan sponsor, held as
cash, in an interest-bearing deposit account, or in an
investment product--
``(I) designed to--
``(aa) maintain over the term of the
investment, the dollar value that is equal to the
amount invested in the product; and
``(bb) preserve principal and provide a
reasonable rate of return, whether or not such
return is guaranteed, consistent with the need for
liquidity; and
``(II) offered by a State- or federally-regulated
financial institution;
``(B) may be subject to, as permitted by the Secretary,
reasonable restrictions; and
``(C)(i) may not, for not less than the first 4 withdrawals
of funds from the account in a plan year, be subject to any
fees or charges solely on the basis of such a withdrawal; and
``(ii) may, for any subsequent withdrawal in a plan year,
be subject to reasonable fees or charges in connection with
such a withdrawal, including reasonable reimbursement fees
imposed for the incidental costs of handling of paper checks.
``(2) Establishment and termination of account.--
``(A) Establishment of account.--The pension-linked
emergency savings account feature shall be included in the plan
document of the individual account plan. Such individual
account plan shall--
``(i) separately account for contributions to the
pension-linked emergency savings account of the individual
account plan and any earnings properly allocable to the
contributions;
``(ii) maintain separate recordkeeping with respect to
each such pension-linked emergency savings account; and
``(iii) allow withdrawals from such account in
accordance with section 402A(e)(7) of the Internal Revenue
Code of 1986.
``(B) Termination of account.--A plan sponsor may terminate
the pension-linked emergency savings account feature of an
individual account plan at any time.
``(d) Account Contributions.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked emergency
savings account to the extent such contribution would cause the
portion of the account balance attributable to participant
contributions to exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan sponsor of the
pension-linked emergency savings account.
In the case of contributions made in taxable years beginning
after December 31, 2024, the Secretary shall adjust the amount
under clause (i) at the same time and in the same manner as the
adjustment made by the Secretary of the Treasury under section
415(d) of the Internal Revenue Code of 1986, except that the
base period shall be the calendar quarter beginning July 1,
2023. Any increase under the preceding sentence which is not a
multiple of $100 shall be rounded to the next lowest multiple
of $100.
``(B) Excess contributions.--To the extent any contribution
to the pension-linked emergency savings account of a
participant for a taxable year would exceed the limitation of
subparagraph (A)--
``(i) in the case of a participant with another
designated Roth account under the individual account plan,
such plan may provide that--
``(I) the participant may elect to increase the
participant's contribution to such other account; and
``(II) in the absence of such a participant
election, the participant is deemed to have elected to
increase the participant's contributions to such other
account at the rate at which contributions were being
made to the pension-linked emergency savings account;
and
``(ii) in any other case, such plan shall provide that
such excess contributions will not be accepted.
``(2) Automatic contribution arrangement.--For purposes of this
section--
``(A) In general.--An automatic contribution arrangement
described in this paragraph is an arrangement under which an
eligible participant is treated as having elected to have the
plan sponsor make elective contributions to a pension-linked
emergency savings account at a participant contribution rate
that is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant, at any
time (subject to such reasonable advance notice as is required
by the plan administrator), affirmatively elects to--
``(i) make contributions at a different rate or amount;
or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes of an
automatic contribution arrangement described in subparagraph
(A), the plan sponsor--
``(i) shall select a participant contribution rate
under such automatic contribution arrangement that meets
the requirements of subparagraph (A); and
``(ii) may amend (prior to the plan year in which an
amendment would take effect) such rate not more than once
annually.
``(3) Disclosure by plan administrator of contributions.--
``(A) In general.--With respect to an individual account
plan with a pension-linked emergency savings account feature,
the administrator of the plan shall, not less than 30 days and
not more than 90 days prior to date of the first contribution
to the pension-linked emergency savings account, including any
contribution under an automatic contribution arrangement
described in subsection (d)(2), or the date of any adjustment
to the participant contribution rate under subsection
(d)(2)(B)(ii), and not less than annually thereafter, shall
furnish to the participant a notice describing--
``(i) the purpose of the account, which is for short-
term, emergency savings;
``(ii) the limits on, and tax treatment of,
contributions to the pension-linked emergency savings
account of the participant;
``(iii) any fees, expenses, restrictions, or charges
associated with such pension-linked emergency savings
account;
``(iv) procedures for electing to make contributions to
or opting out of the pension-linked emergency savings
account, for changing participant contribution rates for
such pension-linked emergency savings account, and for
making participant withdrawals from such pension-linked
emergency savings account, including any limits on
frequency;
``(v) as applicable, the amount of the intended
contribution to such pension-linked emergency savings
account or the change in the percentage of the compensation
of the participant of such contribution;
``(vi) the amount in the emergency savings account and
the amount or percentage of compensation that a participant
has contributed to the pension-linked emergency savings
account;
``(vii) the designated investment option under
subsection (c)(1)(A)(iii) for amounts contributed to the
pension-linked emergency savings account;
``(viii) the options under subsection (e) for the
account balance of the pension-linked emergency savings
account after termination of the employment of the
participant or termination by the plan sponsor of the
pension-linked emergency savings account; and
``(ix) the ability of a participant who becomes a
highly compensated employee (as such term is defined in
paragraph (3) of subsection (b)) to, as described in
paragraph (2) of such subsection, withdraw any account
balance from a pension-linked emergency savings account and
the restriction on the ability of such a participant to
make further contributions to the pension-linked emergency
savings account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and comprehensive to
apprise the participant of the rights and obligations of
the participant with regard to the pension-linked emergency
savings account of the participant; and
``(ii) written in a manner calculated to be understood
by the average participant.
``(C) Consolidated notices.--The required notices under
subparagraph (A) may be included with any other notice under
this Act, including under section 404(c)(5)(B) or 514(e)(3), or
under section 401(k)(13)(E) or 414(w)(4) of the Internal
Revenue Code of 1986, if such other notice is provided to the
participant at the time required for such notice.
``(4) Employer matching contributions to an individual account
plan for employee contributions to a pension-linked emergency
savings account.--
``(A) In general.--If an employer makes any matching
contributions to an individual account plan of which a pension-
linked emergency savings account is part, subject to the
limitations of paragraph (1)(A), the employer shall make
matching contributions on behalf of a participant on account of
the contributions by the participant to the pension-linked
emergency savings account at the same rate as any other
matching contribution on account of an elective contribution by
such participant. The matching contributions shall be made to
the participant's account under the individual account plan
that is not the pension-linked emergency savings account. Such
matching contributions on account of contributions under
paragraph (1)(A) shall not exceed the maximum account balance
under paragraph (1)(A) for such plan year.
``(B) Coordination rule.--For purposes of any applicable
limitation on matching contributions, any matching
contributions made under the plan shall be treated first as
attributable to the elective deferrals of the participant other
than contributions to a pension-linked emergency savings
account.
``(C) Matching contributions.--For purposes of subparagraph
(A), the term `matching contribution' has the meaning given
such term in section 401(m)(4) of the Internal Revenue Code of
1986.
``(e) Account Balance After Termination.--Upon termination of
employment of the participant, or termination by the plan sponsor of
the pension-linked emergency savings account, the pension-linked
emergency savings account of such participant in an individual account
plan shall--
``(1) allow, at the election of the participant, for transfer
by the participant of the account balance of such account, in whole
or in part, into another designated Roth account of the participant
under the individual account plan; and
``(2) for any amounts in such account not transferred under
paragraph (1), make such amounts available within a reasonable time
to the participant.
``(f) Anti-abuse Rules.--
``(1) In general.--A plan of which a pension-linked emergency
savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect to
contributions to such account, solely to the extent necessary
to prevent manipulation of the rules of the plan to cause
matching contributions to exceed the intended amounts or
frequency; and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and employee
contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement described in
section 402A(e)(4) of the Internal Revenue Code of 1986.
``(2) Regulations or other guidance.--The Secretary of the
Treasury, in consultation with the Secretary of Labor, shall issue
regulations or other guidance not later than 12 months after the
date of the enactment of the SECURE 2.0 Act of 2022 with respect to
the anti-abuse rules described in paragraph (1).
``SEC. 802. PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.
``Notwithstanding any other provision of law, this part shall
supersede any law of a State which would directly or indirectly
prohibit or restrict the use of an automatic contribution arrangement,
described in section 801(d)(2), for a pension-linked emergency savings
account. The Secretary may promulgate regulations to establish minimum
standards that such an arrangement would be required to satisfy in
order for this subsection to apply with respect to such an account.
``SEC. 803. REPORTING AND DISCLOSURE REQUIREMENTS.
``The Secretary shall--
``(1) prescribe such regulations as may be necessary to address
reporting and disclosure requirements for pension-linked emergency
savings accounts; and
``(2) seek to prevent unnecessary reporting and disclosure for
such accounts under this Act, including for purposes of any
reporting or disclosure related to pension plans required by this
title or under the Internal Revenue Code of 1986.
``SEC. 804. REPORT TO CONGRESS ON EMERGENCY SAVINGS ACCOUNTS.
``The Secretary of Labor and the Secretary of the Treasury shall--
``(1) conduct a study on the use of emergency savings from
individual account plan accounts, including emergency savings from
a pension-linked emergency savings account regarding--
``(A) whether the amount of the dollar limitation under
section 801(d)(1)(A) is sufficient;
``(B) whether the limitation on the contribution rate under
section 801(d)(2)(A) is appropriate; and
``(C) the extent to which plan sponsors offer such accounts
and participants participate in such accounts and the resulting
impact on participant retirement savings, including the impact
on retirement savings leakage and the effect of such accounts
on retirement plan participation by low- and moderate-income
households; and
``(2) not later than 7 years after the date of enactment of the
SECURE 2.0 Act of 2022, submit to Congress a report on the findings
of the study under paragraph (1).''.
(2) Clerical amendment.--The table of contents in section 1 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
note) is amended by inserting after the item relating to section
734 the following new items:
``Part 8. Pension-linked Emergency Savings Accounts
``801. Pension-linked emergency savings accounts.
``802. Preemption of State anti-garnishment laws.
``803. Reporting and disclosure requirements.
``804. Report to Congress on emergency savings accounts.''.
(c) Reporting for a Pension-linked Emergency Savings Account.--
(1) Alternative methods of compliance.--Section 110(a) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1030(a))
is amended by inserting ``(including pension-linked emergency
savings account features within a pension plan)'' after ``class of
pension plans''.
(2) Minimized reporting burden for pension-linked emergency
savings accounts.--Section 101 of such Act (29 U.S.C. 1021) is
amended--
(A) by redesignating subsection (n) as subsection (o); and
(B) by inserting after subsection (m) the following:
``(n) Pension-linked Emergency Savings Accounts.--Nothing in this
section shall preclude the Secretary from providing, by regulations or
otherwise, simplified reporting procedures or requirements regarding
such a pension-linked emergency savings account.''.
(d) Fiduciary Duty.--Section 404(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at
the end the following:
``(6) Default investment arrangements for a pension-linked
emergency savings account.--For purposes of paragraph (1), a
participant in a pension-linked emergency savings account shall be
treated as exercising control over the assets in the account with
respect to the amount of contributions and earnings which are
invested in accordance with section 801(c)(1)(A)(iii).''.
(e) Tax Treatment of Pension-linked Emergency Savings Accounts.--
(1) In general.--Section 402A is amended by redesignating
subsection (e) as subsection (f) and by inserting after subsection
(d) the following new subsection:
``(e) Pension-linked Emergency Savings Accounts.--
``(1) In general.--An applicable retirement plan--
``(A) may--
``(i) include a pension-linked emergency savings
account established pursuant to section 801 of the Employee
Retirement Income Security Act of 1974, which, except as
otherwise provided in this subsection, shall be treated for
purposes of this title as a designated Roth account, and
``(ii) either--
``(I) offer to enroll an eligible participant in
such pension-linked emergency savings account, or
``(II) automatically enroll an eligible participant
in such account pursuant to an automatic contribution
arrangement described in paragraph (4), and
``(B) shall--
``(i) separately account for contributions to such
account and any earnings properly allocable to the
contributions,
``(ii) maintain separate recordkeeping with respect to
each such account, and
``(iii) allow withdrawals from such account in
accordance with paragraph (7).
``(2) Eligible participant.--
``(A) In general.--For purposes of this subsection, the
term `eligible participant', with regard to a defined
contribution plan, means an individual, without regard to
whether the individual is otherwise a participant in such plan,
who--
``(i) meets any age, service, and other eligibility
requirements of the plan, and
``(ii) is not a highly compensated employee (as defined
in section 414(q)).
``(B) Eligible participant who becomes a highly compensated
employee.--Notwithstanding subparagraph (A)(ii), an individual
on whose behalf a pension-linked emergency savings account is
established who thereafter becomes a highly compensated
employee (as so defined) may not make further contributions to
such account, but retains the right to withdraw any account
balance of such account in accordance with paragraphs (7) and
(8).
``(3) Contribution limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked emergency
savings account to the extent such contribution would cause the
portion of the account balance attributable to participant
contributions to exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan sponsor of the
pension-linked emergency savings account.
In the case of contributions made in taxable years beginning
after December 31, 2024, the Secretary shall adjust the amount
under clause (i) at the same time and in the same manner as the
adjustment made under section 415(d), except that the base
period shall be the calendar quarter beginning July 1, 2023.
Any increase under the preceding sentence which is not a
multiple of $100 shall be rounded to the next lowest multiple
of $100.
``(B) Excess contributions.--To the extent any contribution
to the pension-linked emergency savings account of a
participant for a taxable year would exceed the limitation of
subparagraph (A)--
``(i) in the case of an eligible participant with
another designated Roth account under the defined
contribution plan, the plan may provide that--
``(I) the participant may elect to increase the
participant's contribution to such other account, and
``(II) in the absence of such a participant
election, the participant is deemed to have elected to
increase the participant's contributions to such
account at the rate at which contributions were being
made to the pension-linked emergency savings account,
and
``(ii) in any other case, such plan shall provide that
such excess contributions will not be accepted.
``(4) Automatic contribution arrangement.--For purposes of this
section--
``(A) In general.--An automatic contribution arrangement
described in this paragraph is an arrangement under which an
eligible participant is treated as having elected to have the
plan sponsor make elective contributions to a pension-linked
emergency savings account at a participant contribution rate
that is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant, at any
time (subject to such reasonable advance notice as is required
by the plan administrator), affirmatively elects to--
``(i) make contributions at a different rate, or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes of an
automatic contribution arrangement described in subparagraph
(A), the plan sponsor--
``(i) shall select a participant contribution rate
under such automatic contribution arrangement which meets
the requirements of subparagraph (A), and
``(ii) may amend such rate (prior to the plan year for
which such amendment would take effect) not more than once
annually.
``(5) Disclosure by plan sponsor.--
``(A) In general.--With respect to a defined contribution
plan which includes a pension-linked emergency savings account,
the administrator of the plan shall, not less than 30 days and
not more than 90 days prior to the date of the first
contribution to the pension-linked emergency savings account,
including any contribution under an automatic contribution
arrangement described in section 801(d)(2) of the Employee
Retirement Income Security Act of 1974, or the date of any
adjustment to the participant contribution rate under section
801(d)(2)(B)(ii) of such Act, and not less than annually
thereafter, shall furnish to the participant a notice
describing--
``(i) the purpose of the account, which is for short-
term, emergency savings;
``(ii) the limits on, and tax treatment of,
contributions to the pension-linked emergency savings
account of the participant;
``(iii) any fees, expenses, restrictions, or charges
associated with such pension-linked emergency savings
account;
``(iv) procedures for electing to make contributions or
opting out of the pension-linked emergency savings account,
changing participant contribution rates for such account,
and making participant withdrawals from such pension-linked
emergency savings account, including any limits on
frequency;
``(v) the amount of the intended contribution or the
change in the percentage of the compensation of the
participant of such contribution, if applicable;
``(vi) the amount in the pension-linked emergency
savings account and the amount or percentage of
compensation that a participant has contributed to such
account;
``(vii) the designated investment option under section
801(c)(1)(A)(iii) of the Employee Retirement Income
Security Act of 1974 for amounts contributed to the
pension-linked emergency savings account;
``(viii) the options under section 801(e) of such Act
for the account balance of the pension-linked emergency
savings account after termination of the employment of the
participant; and
``(ix) the ability of a participant who becomes a
highly compensated employee (as such term is defined in
section 414(q)) to, as described in section 801(b)(2) of
the Employee Retirement Income Security Act of 1974,
withdraw any account balance from a pension-linked
emergency savings account and the restriction on the
ability of such a participant to make further contributions
to the pension-linked emergency savings account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and comprehensive to
apprise the participant of the rights and obligations of
the participant with regard to the pension-linked emergency
savings account of the participant; and
``(ii) written in a manner calculated to be understood
by the average participant.
``(C) Consolidated notices.--The required notices under
subparagraph (A) may be included with any other notice under
the Employee Retirement Income Security Act of 1974, including
under section 404(c)(5)(B) or 514(e)(3) of such Act, or under
section 401(k)(13)(E) or 414(w)(4), if such other notice is
provided to the participant at the time required for such
notice.
``(6) Employer matching contributions to a defined contribution
plan for employee contributions to a pension-linked emergency
savings account.--
``(A) In general.--If an employer makes any matching
contributions to a defined contribution plan of which a
pension-linked emergency savings account is part, subject to
the limitations of paragraph (3), the employer shall make
matching contributions on behalf of an eligible participant on
account of the participant's contributions to the pension-
linked emergency savings account at the same rate as any other
matching contribution on account of an elective contribution by
such participant. The matching contributions shall be made to
the participant's account under the defined contribution plan
which is not the pension-linked emergency savings account. Such
matching contributions on account of contributions to the
pension-linked emergency savings account shall not exceed the
maximum account balance under paragraph (3)(A) for such plan
year.
``(B) Coordination rule.--For purposes of any applicable
limitation on matching contributions, any matching
contributions made under the plan shall be treated first as
attributable to the elective deferrals of the participant other
than contributions to a pension-linked emergency savings
account.
``(C) Matching contributions.--For purposes of subparagraph
(A), the term `matching contribution' has the meaning given
such term in section 401(m)(4).
``(7) Distributions.--
``(A) In general.--A pension-linked emergency savings
account shall allow for withdrawal by the participant on whose
behalf the account is established of the account balance, in
whole or in part at the discretion of the participant, at least
once per calendar month and for distribution of such withdrawal
to the participant as soon as practicable after the date on
which the participant elects to make such withdrawal.
``(B) Treatment of distributions.--Any distribution from a
pension-linked emergency savings account in accordance with
subparagraph (A)--
``(i) shall be treated as a qualified distribution for
purposes of subsection (d), and
``(ii) shall be treated as meeting the requirements of
sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A).
``(8) Account balance after termination.--
``(A) In general.--Upon termination of employment of the
participant, or termination by the plan sponsor of the pension-
linked emergency savings account, the pension-linked emergency
savings account of such participant in a defined contribution
plan shall--
``(i) allow, at the election of the participant, for
transfer by the participant of the account balance of such
account, in whole or in part, into another designated Roth
account of the participant under the defined contribution
plan; and
``(ii) for any amounts in such account not transferred
under paragraph (1), make such amounts available within a
reasonable time to the participant.
``(B) Prohibition of certain transfers.--No amounts shall
be transferred by the participant from another account of the
participant under any plan of the employer into the pension-
linked emergency savings account of the participant.
``(C) Coordination with section 72.--Subparagraph (F) of
section 408A(d)(3) shall not apply (including by reason of
subsection (c)(4)(D) of this section) to any rollover
contribution of amounts in a pension-linked emergency savings
account under subparagraph (A).
``(9) Coordination with distribution of excess deferrals.--If
any excess deferrals are distributed under section 402(g)(2)(A) to
a participant, such amounts shall be distributed first from any
pension-linked emergency savings account of the participant to the
extent contributions were made to such account for the taxable
year.
``(10) Treatment of account balances.--
``(A) In general.--Except as provided in subparagraph (B),
a distribution from a pension-linked emergency savings account
shall not be treated as an eligible rollover distribution for
purposes of sections 401(a)(31), 402(f), and 3405.
``(B) Termination.--In the case of termination of
employment of the participant, or termination by the plan
sponsor of the pension-linked emergency savings account, except
for purposes of 401(a)(31)(B), a distribution from a pension-
linked emergency savings account which is contributed as
provided in paragraph (8)(A)(i) shall be treated as an eligible
rollover distribution.
``(11) Exception to plan amendment rules.--Notwithstanding
section 411(d)(6), a plan which includes a pension-linked emergency
savings account may cease to offer such accounts at any time.
``(12) Anti-abuse rules.--A plan of which a pension-linked
emergency savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect to
contributions to such account, solely to the extent necessary
to prevent manipulation of the rules of the plan to cause
matching contributions to exceed the intended amounts or
frequency, and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and employee
contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement described in
paragraph (4).
The Secretary, in consultation with the Secretary of Labor, shall
issue regulations or other guidance not later than 12 months after
the date of the enactment of the SECURE 2.0 Act of 2022 with
respect to the anti-abuse rules described in the preceding
sentence.''.
(2) Treatment for purposes of additional tax on early
distributions.--Section 72(t)(2), as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following new subparagraph:
``(J) Distributions from pension-linked emergency savings
account.--Distributions from a pension-linked emergency savings
account pursuant to section 402A(e).''.
(3) Basis recovery.--Section 72(d) is amended by adding at the
end the following new paragraph:
``(3) Treatment of contributions to a pension-linked emergency
savings account.--For purposes of this section, contributions to a
pension-linked emergency savings account to which section 402A(e)
applies (and any income allocable thereto) may be treated as a
separate contract.''.
(f) Regulatory Authority.--The Secretary of Labor and the Secretary
of the Treasury (or a delegate of either such Secretary) shall have
authority to issue regulations or other guidance, and to coordinate in
developing regulations or other guidance, to carry out the purposes of
this Act, including--
(1) adjustment of the limitation under section 801(d)(1) of the
Employee Retirement Income Security Act of 1974 and section
402A(e)(3) of the Internal Revenue Code of 1986, as added by this
Act, to account for inflation;
(2) expansion of corrections programs, if necessary;
(3) model plan language and notices relating to pension-linked
emergency savings accounts; and
(4) with regard to interactions with section 401(k)(13) of the
Internal Revenue Code of 1986.
(g) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 128. ENHANCEMENT OF 403(b) PLANS.
(a) In General.--Subparagraph (A) of section 403(b)(7) is amended
by striking ``if the amounts are to be invested in regulated investment
company stock to be held in that custodial account'' and inserting ``if
the amounts are to be held in that custodial account and are invested
in regulated investment company stock or a group trust intended to
satisfy the requirements of Internal Revenue Service Revenue Ruling 81-
100 (or any successor guidance)''.
(b) Conforming Amendment.--The heading of paragraph (7) of section
403(b) is amended by striking ``for regulated investment company
stock''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts invested after the date of the enactment of this Act.
TITLE II--PRESERVATION OF INCOME
SEC. 201. REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE
ANNUITIES.
(a) In General.--Section 401(a)(9) is amended by adding at the end
the following new subparagraph:
``(J) Certain increases in payments under a commercial
annuity.--Nothing in this section shall prohibit a commercial
annuity (within the meaning of section 3405(e)(6)) that is
issued in connection with any eligible retirement plan (within
the meaning of section 402(c)(8)(B), other than a defined
benefit plan) from providing one or more of the following types
of payments on or after the annuity starting date:
``(i) annuity payments that increase by a constant
percentage, applied not less frequently than annually, at a
rate that is less than 5 percent per year,
``(ii) a lump sum payment that--
``(I) results in a shortening of the payment period
with respect to an annuity or a full or partial
commutation of the future annuity payments, provided
that such lump sum is determined using reasonable
actuarial methods and assumptions, as determined in
good faith by the issuer of the contract, or
``(II) accelerates the receipt of annuity payments
that are scheduled to be received within the ensuing 12
months, regardless of whether such acceleration
shortens the payment period with respect to the
annuity, reduces the dollar amount of benefits to be
paid under the contract, or results in a suspension of
annuity payments during the period being accelerated,
``(iii) an amount which is in the nature of a dividend
or similar distribution, provided that the issuer of the
contract determines such amount using reasonable actuarial
methods and assumptions, as determined in good faith by the
issuer of the contract, when calculating the initial
annuity payments and the issuer's experience with respect
to those factors, or
``(iv) a final payment upon death that does not exceed
the excess of the total amount of the consideration paid
for the annuity payments, less the aggregate amount of
prior distributions or payments from or under the
contract.''.
(b) Effective Date.--This section shall apply to calendar years
ending after the date of the enactment of this Act.
SEC. 202. QUALIFYING LONGEVITY ANNUITY CONTRACTS.
(a) In General.--Not later than the date which is 18 months after
the date of the enactment of this Act, the Secretary of the Treasury
(or the Secretary's delegate) shall amend the regulation issued by the
Department of the Treasury relating to ``Longevity Annuity Contracts''
(79 Fed. Reg. 37633 (July 2, 2014)), as follows:
(1) Repeal 25-percent premium limit.--The Secretary (or
delegate) shall amend Q&A-17(b)(3) of Treas. Reg. section
1.401(a)(9)-6 and Q&A-12(b)(3) of Treas. Reg. section 1.408-8 to
eliminate the requirement that premiums for qualifying longevity
annuity contracts be limited to 25 percent of an individual's
account balance, and to make such corresponding changes to the
regulations and related forms as are necessary to reflect the
elimination of this requirement.
(2) Increase dollar limitation.--
(A) In general.--The Secretary (or delegate) shall amend
Q&A-17(b)(2)(i) of Treas. Reg. section 1.401(a)(9)-6 and Q&A-
12(b)(2)(i) of Treas. Reg. section 1.408-8 to increase the
dollar limitation on premiums for qualifying longevity annuity
contracts from $125,000 to $200,000, and to make such
corresponding changes to the regulations and related forms as
are necessary to reflect this increase in the dollar
limitation.
(B) Adjustments for inflation.--The Secretary (or delegate)
shall amend Q&A-17(d)(2)(i) of Treas. Reg. section 1.401(a)(9)-
6 to provide that, in the case of calendar years beginning on
or after January 1 of the second year following the year of
enactment of this Act, the $200,000 dollar limitation (as
increased by subparagraph (A)) will be adjusted at the same
time and in the same manner as the limits are adjusted under
section 415(d) of the Internal Revenue Code of 1986, except
that the base period shall be the calendar quarter beginning
July 1 of the year of enactment of this Act, and any increase
to such dollar limitation which is not a multiple of $10,000
will be rounded to the next lowest multiple of $10,000.
(3) Facilitate joint and survivor benefits.--The Secretary (or
delegate) shall amend Q&A-17(c) of Treas. Reg. section 1.401(a)(9)-
6, and make such corresponding changes to the regulations and
related forms as are necessary, to provide that, in the case of a
qualifying longevity annuity contract which was purchased with
joint and survivor annuity benefits for the individual and the
individual's spouse which were permissible under the regulations at
the time the contract was originally purchased, a divorce occurring
after the original purchase and before the annuity payments
commence under the contract will not affect the permissibility of
the joint and survivor annuity benefits or other benefits under the
contract, or require any adjustment to the amount or duration of
benefits payable under the contract, provided that any qualified
domestic relations order (within the meaning of section 414(p) of
the Internal Revenue Code of 1986) or, in the case of an
arrangement not subject to section 414(p) of such Code or section
206(d) of the Employee Retirement Income Security Act of 1974, any
divorce or separation instrument (as defined in subsection (b))--
(A) provides that the former spouse is entitled to the
survivor benefits under the contract;
(B) provides that the former spouse is treated as a
surviving spouse for purposes of the contract;
(C) does not modify the treatment of the former spouse as
the beneficiary under the contract who is entitled to the
survivor benefits; or
(D) does not modify the treatment of the former spouse as
the measuring life for the survivor benefits under the
contract.
(4) Permit short free look period.--The Secretary (or delegate)
shall amend Q&A-17(a)(4) of Treas. Reg. section 1.401(a)(9)-6 to
ensure that such Q&A does not preclude a contract from including a
provision under which an employee may rescind the purchase of the
contract within a period not exceeding 90 days from the date of
purchase.
(b) Divorce or Separation Instrument.--For purposes of subsection
(a)(3), the term ``divorce or separation instrument'' means--
(1) a decree of divorce or separate maintenance or a written
instrument incident to such a decree;
(2) a written separation agreement; or
(3) a decree (not described in paragraph (1)) requiring a
spouse to make payments for the support or maintenance of the other
spouse.
(c) Effective Dates, Enforcement, and Interpretations.--
(1) Effective dates.--
(A) Paragraphs (1) and (2) of subsection (a) shall be
effective with respect to contracts purchased or received in an
exchange on or after the date of the enactment of this Act.
(B) Paragraphs (3) and (4) of subsection (a) shall be
effective with respect to contracts purchased or received in an
exchange on or after July 2, 2014.
(2) Enforcement and interpretations.--Prior to the date on
which the Secretary of the Treasury issues final regulations
pursuant to subsection (a)--
(A) the Secretary (or delegate) shall administer and
enforce the law in accordance with subsection (a) and the
effective dates in paragraph (1) of this subsection; and
(B) taxpayers may rely upon their reasonable good faith
interpretations of subsection (a).
(d) Regulatory Successor Provision.--Any reference to a regulation
under this section shall be treated as including a reference to any
successor regulation thereto.
SEC. 203. INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
(a) In General.--Not later than the date which is 7 years after the
date of the enactment of this Act, the Secretary of the Treasury (or
the Secretary's delegate) shall amend the regulation issued by the
Department of the Treasury relating to ``Income Tax; Diversification
Requirements for Variable Annuity, Endowment, and Life Insurance
Contracts'', 54 Fed. Reg. 8728 (March 2, 1989), and make any necessary
corresponding amendments to other regulations, in order to facilitate
the use of exchange-traded funds as investment options under variable
contracts within the meaning of section 817(d) of the Internal Revenue
Code of 1986, in accordance with subsections (b) and (c) of this
section.
(b) Designate Certain Authorized Participants and Market Makers as
Eligible Investors.--The Secretary of the Treasury (or the Secretary's
delegate) shall amend Treas. Reg. section 1.817-5(f)(3) to provide that
satisfaction of the requirements in Treas. Reg. section 1.817-
5(f)(2)(i) with respect to an exchange-traded fund shall not be
prevented by reason of beneficial interests in such a fund being held
by 1 or more authorized participants or market makers.
(c) Define Relevant Terms.--In amending Treas. Reg. section 1.817-
5(f)(3) in accordance with subsection (b), the Secretary of the
Treasury (or the Secretary's delegate) shall provide definitions
consistent with the following:
(1) Exchange-traded fund.--The term ``exchange-traded fund''
means a regulated investment company, partnership, or trust--
(A) that is registered with the Securities and Exchange
Commission as an open-end investment company or a unit
investment trust;
(B) the shares of which can be purchased or redeemed
directly from the fund only by an authorized participant; and
(C) the shares of which are traded throughout the day on a
national stock exchange at market prices that may or may not be
the same as the net asset value of the shares.
(2) Authorized participant.--The term ``authorized
participant'' means a financial institution that is a member or
participant of a clearing agency registered under section 17A(b) of
the Securities Exchange Act of 1934 that enters into a contractual
relationship with an exchange-traded fund pursuant to which the
financial institution is permitted to purchase and redeem shares
directly from the fund and to sell such shares to third parties,
but only if the contractual arrangement or applicable law precludes
the financial institution from--
(A) purchasing the shares for its own investment purposes
rather than for the exclusive purpose of creating and redeeming
such shares on behalf of third parties; and
(B) selling the shares to third parties who are not market
makers or otherwise described in Treas. Reg. section 1.817-5(f)
(1) and (3).
(3) Market maker.--The term ``market maker'' means a financial
institution that is a registered broker or dealer under section
15(b) of the Securities Exchange Act of 1934 that maintains
liquidity for an exchange-traded fund on a national stock exchange
by being always ready to buy and sell shares of such fund on the
market, but only if the financial institution is contractually or
legally precluded from selling or buying such shares to or from
persons who are not authorized participants or otherwise described
in Treas. Reg. section 1.817-5(f) (2) and (3).
(d) Effective Date.--This section shall apply to segregated asset
account investments made on or after the date which is 7 years after
the date of the enactment of this Act.
SEC. 204. ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
(a) Eliminating a Penalty on Partial Annuitization.--The Secretary
of the Treasury (or the Secretary's delegate) shall amend the
regulations under section 401(a)(9) of the Internal Revenue Code of
1986 to provide that if an employee's benefit is in the form of an
individual account under a defined contribution plan, the plan may
allow the employee to elect to have the amount required to be
distributed from such account under such section for a year to be
calculated as the excess of the total required amount for such year
over the annuity amount for such year.
(b) Definitions.--For purposes of this section--
(1) Total required amount.--The term ``total required amount'',
with respect to a year, means the amount which would be required to
be distributed under Treas. Reg. section 1.401(a)(9)-5 (or any
successor regulation) for the year, determined by treating the
account balance as of the last valuation date in the immediately
preceding calendar year as including the value on that date of all
annuity contracts which were purchased with a portion of the
account and from which payments are made in accordance with Treas.
Reg. section 1.401(a)(9)-6.
(2) Annuity amount.--The term ``annuity amount'', with respect
to a year, is the total amount distributed in the year from all
annuity contracts described in paragraph (1).
(c) Conforming Regulatory Amendments.--The Secretary of the
Treasury (or the Secretary's delegate) shall amend the regulations
under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the
Internal Revenue Code of 1986 to conform to the amendments described in
subsection (a). Such conforming amendments shall treat all individual
retirement plans (as defined in section 7701(a)(37) of such Code) which
an individual holds as the owner, or which an individual holds as a
beneficiary of the same decedent, as one such plan for purposes of the
amendments described in subsection (a). Such conforming amendments
shall also treat all contracts described in section 403(b) of such Code
which an individual holds as an employee, or which an individual holds
as a beneficiary of the same decedent, as one such contract for such
purposes.
(d) Effective Date.--The modifications and amendments required
under subsections (a) and (c) shall be deemed to have been made as of
the date of the enactment of this Act, and as of such date--
(1) all applicable laws shall be applied in all respects as
though the actions which the Secretary of the Treasury (or the
Secretary's delegate) is required to take under such subsections
had been taken, and
(2) until such time as such actions are taken, taxpayers may
rely upon their reasonable good faith interpretations of this
section.
TITLE III--SIMPLIFICATION AND CLARIFICATION OF RETIREMENT PLAN RULES
SEC. 301. RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.
(a) Overpayments Under ERISA.--Section 206 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056) is amended by
adding at the end the following new subsection:
``(h) Special Rules Applicable to Benefit Overpayments.--
``(1) General rule.--In the case of an inadvertent benefit
overpayment by any pension plan, the responsible plan fiduciary
shall not be considered to have failed to comply with the
requirements of this title merely because such fiduciary
determines, in the exercise of its discretion, not to seek recovery
of all or part of such overpayment from--
``(A) any participant or beneficiary,
``(B) any plan sponsor of, or contributing employer to--
``(i) an individual account plan, provided that the
amount needed to prevent or restore any impermissible
forfeiture from any participant's or beneficiary's account
arising in connection with the overpayment is, separately
from and independently of the overpayment, allocated to
such account pursuant to the nonforfeitability requirements
of section 203 (for example, out of the plan's forfeiture
account, additional employer contributions, or recoveries
from those responsible for the overpayment), or
``(ii) a defined benefit pension plan subject to the
funding rules in part 3 of this subtitle B, unless the
responsible plan fiduciary determines, in the exercise of
its fiduciary discretion, that failure to recover all or
part of the overpayment faster than required under such
funding rules would materially affect the plan's ability to
pay benefits due to other participants and beneficiaries,
or
``(C) any fiduciary of the plan, other than a fiduciary
(including a plan sponsor or contributing employer acting in a
fiduciary capacity) whose breach of its fiduciary duties
resulted in such overpayment, provided that if the plan has
established prudent procedures to prevent and minimize
overpayment of benefits and the relevant plan fiduciaries have
followed such procedures, an inadvertent benefit overpayment
will not give rise to a breach of fiduciary duty.
``(2) Reduction in future benefit payments and recovery from
responsible party.--Paragraph (1) shall not fail to apply with
respect to any inadvertent benefit overpayment merely because,
after discovering such overpayment, the responsible plan
fiduciary--
``(A) reduces future benefit payments to the correct amount
provided for under the terms of the plan, or
``(B) seeks recovery from the person or persons responsible
for the overpayment.
``(3) Employer funding obligations.--Nothing in this subsection
shall relieve an employer of any obligation imposed on it to make
contributions to a plan to meet the minimum funding standards under
part 3 of this subtitle B or to prevent or restore an impermissible
forfeiture in accordance with section 203.
``(4) Recoupment from participants and beneficiaries.--If the
responsible plan fiduciary, in the exercise of its fiduciary
discretion, decides to seek recoupment from a participant or
beneficiary of all or part of an inadvertent benefit overpayment
made by the plan to such participant or beneficiary, it may do so,
subject to the following conditions:
``(A) No interest or other additional amounts (such as
collection costs or fees) are sought on overpaid amounts for
any period.
``(B) If the plan seeks to recoup past overpayments of a
non-decreasing annuity by reducing future benefit payments--
``(i) the reduction ceases after the plan has recovered
the full dollar amount of the overpayment,
``(ii) the amount recouped each calendar year does not
exceed 10 percent of the full dollar amount of the
overpayment, and
``(iii) future benefit payments are not reduced to
below 90 percent of the periodic amount otherwise payable
under the terms of the plan.
Alternatively, if the plan seeks to recoup past overpayments of
a non-decreasing annuity through one or more installment
payments, the sum of such installment payments in any calendar
year does not exceed the sum of the reductions that would be
permitted in such year under the preceding sentence.
``(C) If the plan seeks to recoup past overpayments of a
benefit other than a non-decreasing annuity, the plan satisfies
requirements developed by the Secretary of Labor for purposes
of this subparagraph.
``(D) Efforts to recoup overpayments are--
``(i) not accompanied by threats of litigation, unless
the responsible plan fiduciary makes a determination that
there is a reasonable likelihood of success to recover an
amount greater than the cost of recovery, and
``(ii) not made through a collection agency or similar
third party, unless the participant or beneficiary ignores
or rejects efforts to recoup the overpayment following
either a final judgment in Federal or State court or a
settlement between the participant or beneficiary and the
plan, in either case authorizing such recoupment.
``(E) Recoupment of past overpayments to a participant is
not sought from any beneficiary of the participant, including a
spouse, surviving spouse, former spouse, or other beneficiary.
``(F) Recoupment may not be sought if the first overpayment
occurred more than 3 years before the participant or
beneficiary is first notified in writing of the error, except
in the case of fraud or misrepresentation by the participant.
``(G) A participant or beneficiary from whom recoupment is
sought is entitled to contest all or part of the recoupment
pursuant to the claims procedures of the plan that made the
overpayment to the extent such procedures are consistent with
section 503 of this title and in the case of an inadvertent
benefit overpayment from a plan to which paragraph (1) applies
that is transferred to an eligible retirement plan (as defined
in section 402(c)(8)(B) of the Internal Revenue Code of 1986)
by or on behalf of a participant or beneficiary--
``(i) such plan shall notify the plan receiving the
rollover of such dispute,
``(ii) the plan receiving the rollover shall retain
such overpayment on behalf of the participant or
beneficiary (and shall be entitled to treat such
overpayment as plan assets) pending the outcome of such
procedures, and
``(iii) the portion of such overpayment with respect to
which recoupment is sought on behalf of the plan shall be
permitted to be returned to such plan if it is determined
to be an overpayment (and the plans making and receiving
such transfer shall be treated as permitting such
transfer).
``(H) In determining the amount of recoupment to seek, the
responsible plan fiduciary may take into account the hardship
that recoupment likely would impose on the participant or
beneficiary.
``(5) Effect of culpability.--Subparagraphs (A) through (F) of
paragraph (4) shall not apply to protect a participant or
beneficiary who is culpable. For purposes of this paragraph, a
participant or beneficiary is culpable if the individual bears
responsibility for the overpayment (such as through
misrepresentations or omissions that led to the overpayment), or if
the individual knew that the benefit payment or payments were
materially in excess of the correct amount. Notwithstanding the
preceding sentence, an individual is not culpable merely because
the individual believed the benefit payment or payments were or
might be in excess of the correct amount, if the individual raised
that question with an authorized plan representative and was told
the payment or payments were not in excess of the correct
amount.''.
(b) Overpayments Under Internal Revenue Code of 1986.--
(1) Qualification requirements.--Section 414 is amended by
adding at the end the following new subsection:
``(aa) Special Rules Applicable to Benefit Overpayments.--
``(1) In general.--A plan shall not fail to be treated as
described in clause (i), (ii), (iii), or (iv) of section
219(g)(5)(A) (and shall not fail to be treated as satisfying the
requirements of section 401(a) or 403) merely because--
``(A) the plan fails to obtain payment from any
participant, beneficiary, employer, plan sponsor, fiduciary, or
other party on account of any inadvertent benefit overpayment
made by the plan, or
``(B) the plan sponsor amends the plan to increase past, or
decrease future, benefit payments to affected participants and
beneficiaries in order to adjust for prior inadvertent benefit
overpayments.
``(2) Reduction in future benefit payments and recovery from
responsible party.--Paragraph (1) shall not fail to apply to a plan
merely because, after discovering a benefit overpayment, such
plan--
``(A) reduces future benefit payments to the correct amount
provided for under the terms of the plan, or
``(B) seeks recovery from the person or persons responsible
for such overpayment.
``(3) Employer funding obligations.--Nothing in this subsection
shall relieve an employer of any obligation imposed on it to make
contributions to a plan to meet the minimum funding standards under
sections 412 and 430 or to prevent or restore an impermissible
forfeiture in accordance with section 411.
``(4) Observance of benefit limitations.--Notwithstanding
paragraph (1), a plan to which paragraph (1) applies shall observe
any limitations imposed on it by section 401(a)(17) or 415. The
plan may enforce such limitations using any method approved by the
Secretary for recouping benefits previously paid or allocations
previously made in excess of such limitations.
``(5) Coordination with other qualification requirements.--The
Secretary may issue regulations or other guidance of general
applicability specifying how benefit overpayments and their
recoupment or non-recoupment from a participant or beneficiary
shall be taken into account for purposes of satisfying any
requirement applicable to a plan to which paragraph (1) applies.''.
(2) Rollovers.--Section 402(c) is amended by adding at the end
the following new paragraph:
``(12) In the case of an inadvertent benefit overpayment from a
plan to which section 414(aa)(1) applies that is transferred to an
eligible retirement plan by or on behalf of a participant or
beneficiary--
``(A) the portion of such overpayment with respect to which
recoupment is not sought on behalf of the plan shall be treated
as having been paid in an eligible rollover distribution if the
payment would have been an eligible rollover distribution but
for being an overpayment, and
``(B) the portion of such overpayment with respect to which
recoupment is sought on behalf of the plan shall be permitted
to be returned to such plan and in such case shall be treated
as an eligible rollover distribution transferred to such plan
by the participant or beneficiary who received such overpayment
(and the plans making and receiving such transfer shall be
treated as permitting such transfer).''.
(c) Effective Date.--The amendments made by this section shall
apply as of the date of the enactment of this Act.
(d) Certain Actions Before Date of Enactment.--Plans, fiduciaries,
employers, and plan sponsors are entitled to rely on--
(1) a reasonable good faith interpretation of then existing
administrative guidance for inadvertent benefit overpayment
recoupments and recoveries that commenced before the date of
enactment of this Act, and
(2) determinations made before the date of enactment of this
Act by the responsible plan fiduciary, in the exercise of its
fiduciary discretion, not to seek recoupment or recovery of all or
part of an inadvertent benefit overpayment.
In the case of a benefit overpayment that occurred prior to the date of
enactment of this Act, any installment payments by the participant or
beneficiary to the plan or any reduction in periodic benefit payments
to the participant or beneficiary, which were made in recoupment of
such overpayment and which commenced prior to such date, may continue
after such date. Nothing in this subsection shall relieve a fiduciary
from responsibility for an overpayment that resulted from a breach of
its fiduciary duties.
SEC. 302. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN
QUALIFIED RETIREMENT PLANS.
(a) In General.--Section 4974(a) is amended by striking ``50
percent'' and inserting ``25 percent''.
(b) Reduction in Excise Tax on Failures to Take Required Minimum
Distributions.--Section 4974 is amended by adding at the end the
following new subsection:
``(e) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) receives a distribution, during the correction
window, of the amount which resulted in imposition of a tax
under subsection (a) from the same plan to which such tax
relates, and
``(B) submits a return, during the correction window,
reflecting such tax (as modified by this subsection),
the first sentence of subsection (a) shall be applied by
substituting `10 percent' for `25 percent'.
``(2) Correction window.--For purposes of this subsection, the
term `correction window' means the period of time beginning on the
date on which the tax under subsection (a) is imposed with respect
to a shortfall of distributions from a plan described in subsection
(a), and ending on the earliest of--
``(A) the date of mailing a notice of deficiency with
respect to the tax imposed by subsection (a) under section
6212,
``(B) the date on which the tax imposed by subsection (a)
is assessed, or
``(C) the last day of the second taxable year that begins
after the end of the taxable year in which the tax under
subsection (a) is imposed.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 303. RETIREMENT SAVINGS LOST AND FOUND.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following:
``SEC. 523. RETIREMENT SAVINGS LOST AND FOUND.
``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of the
enactment of this section, the Secretary, in consultation with the
Secretary of the Treasury, shall establish an online searchable
database (to be managed by the Secretary in accordance with this
section) to be known as the `Retirement Savings Lost and Found'.
The Retirement Savings Lost and Found shall--
``(A) allow an individual to search for information that
enables the individual to locate the administrator of any plan
described in paragraph (2) with respect to which the individual
is or was a participant or beneficiary, and provide contact
information for the administrator of any such plan;
``(B) allow the Secretary to assist such an individual in
locating any such plan of the individual; and
``(C) allow the Secretary to make any necessary changes to
contact information on record for the administrator based on
any changes to the plan due to merger or consolidation of the
plan with any other plan, division of the plan into two or more
plans, bankruptcy, termination, change in name of the plan,
change in name or address of the administrator, or other
causes.
``(2) Plans described.--A plan described in this paragraph is a
plan to which the vesting standards of section 203 apply.
``(b) Administration.--The Retirement Savings Lost and Found
established under subsection (a) shall provide individuals described in
subsection (a)(1) only with the ability to search for information that
enables the individual to locate the administrator and contact
information for the administrator of any plan with respect to which the
individual is or was a participant or beneficiary, sufficient to allow
the individual to locate the individual's plan in order to make a claim
for benefits owing to the individual under the plan.
``(c) Safeguarding Participant Privacy and Security.--In
establishing the Retirement Savings Lost and Found under subsection
(a), the Secretary, in consultation with the Secretary of the Treasury,
shall take all necessary and proper precautions to--
``(1) ensure that individuals' plan and personal information
maintained by the Retirement Savings Lost and Found is protected;
and
``(2) allow any individual to contact the Secretary to opt out
of inclusion in the Retirement Savings Lost and Found.
``(d) Definition of Administrator.--For purposes of this section,
the term `administrator' has the meaning given such term in section
3(16)(A).
``(e) Information Collection From Plans.--Effective with respect to
plan years beginning after the second December 31 occurring after the
date of the enactment of this subsection, the administrator of a plan
to which the vesting standards of section 203 apply shall submit to the
Secretary, at such time and in such form and manner as is prescribed in
regulations--
``(1) the information described in paragraphs (1) through (4)
of section 6057(b) of the Internal Revenue Code of 1986;
``(2) the information described in subparagraphs (A) and (B) of
section 6057(a)(2) of such Code;
``(3) the name and taxpayer identifying number of each
participant or former participant in the plan--
``(A) who, during the current plan year or any previous
plan year, was reported under section 6057(a)(2)(C) of such
Code, and with respect to whom the benefits described in clause
(ii) thereof were fully paid during the plan year;
``(B) with respect to whom any amount was distributed under
section 401(a)(31)(B) of such Code during the plan year; or
``(C) with respect to whom a deferred annuity contract was
distributed during the plan year; and
``(4) in the case of a participant or former participant to
whom paragraph (3) applies--
``(A) in the case of a participant described in
subparagraph (B) thereof, the name and address of the
designated trustee or issuer described in section
401(a)(31)(B)(i) of such Code and the account number of the
individual retirement plan to which the amount was distributed;
and
``(B) in the case of a participant described in
subparagraph (C) thereof, the name and address of the issuer of
such annuity contract and the contract or certificate number.
``(f) Use of Information Collected.--The Secretary--
``(1) may use or disclose information collected under this
section only for the purpose described in subsection (a)(1)(B), and
``(2) may disclose such information only to such employees of
the Department of Labor whose official duties relate to the purpose
described in such subsection.
``(g) Program Integrity Audit.--On an annual basis for each of the
first 5 years beginning one year after the establishment of the
database in subsection (a)(1) and every 5 years thereafter, the
Inspector General of the Department of Labor shall--
``(1) conduct an audit of the administration of the Retirement
Savings Lost and Found; and
``(2) submit a report on such audit to the Committee on Health,
Education, Labor, and Pensions and the Committee on Finance of the
Senate and the Committee on Ways and Means and the Committee on
Education and Labor of the House of Representatives.''.
(b) Conforming Amendment.--The table of contents for the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is
amended by inserting after the item relating to section 522 the
following:
``Sec. 523. Retirement Savings Lost and Found.''.
SEC. 304. UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.
(a) In General.--Section 203(e)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(e)(1)) and sections
401(a)(31)(B)(ii) and 411(a)(11)(A) are each amended by striking
``$5,000'' and inserting ``$7,000''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 305. EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
(a) In General.--Except as otherwise provided in the Internal
Revenue Code of 1986, regulations, or other guidance of general
applicability prescribed by the Secretary of the Treasury or the
Secretary's delegate (referred to in this section as the
``Secretary''), any eligible inadvertent failure to comply with the
rules applicable under section 401(a), 403(a), 403(b), 408(p), or
408(k) of such Code may be self-corrected under the Employee Plans
Compliance Resolution System (as described in Revenue Procedure 2021-
30, or any successor guidance, and hereafter in this section referred
to as the ``EPCRS''), except to the extent that (1) such failure was
identified by the Secretary prior to any actions which demonstrate a
specific commitment to implement a self-correction with respect to such
failure, or (2) the self-correction is not completed within a
reasonable period after such failure is identified. For purposes of
self-correction of an eligible inadvertent failure, the correction
period under section 9.02 of Revenue Procedure 2021-30 (or any
successor guidance), except as otherwise provided under such Code,
regulations, or other guidance of general applicability prescribed by
the Secretary, is indefinite and has no last day, other than with
respect to failures identified by the Secretary prior to any actions
which demonstrate a specific commitment to implement a self-correction
with respect to such failure or with respect to a self-correction that
is not completed within a reasonable period, as described in the
preceding sentence.
(b) Loan Errors.--In the case of an eligible inadvertent failure
relating to a loan from a plan to a participant--
(1) such failure may be self-corrected under subsection (a)
according to the rules of section 6.07 of Revenue Procedure 2021-30
(or any successor guidance), including the provisions related to
whether a deemed distribution must be reported on Form 1099-R,
(2) the Secretary of Labor shall treat any such failure which
is so self-corrected under subsection (a) as meeting the
requirements of the Voluntary Fiduciary Correction Program of the
Department of Labor if, with respect to the violation of the
fiduciary standards of the Employee Retirement Income Security Act
of 1974, there is a similar loan error eligible for correction
under EPCRS and the loan error is corrected in such manner, and
(3) the Secretary of Labor may impose reporting or other
procedural requirements with respect to parties that intend to rely
on the Voluntary Fiduciary Correction Program for self-corrections
described in paragraph (2).
(c) EPCRS for IRAs.--The Secretary shall expand the EPCRS to allow
custodians of individual retirement plans (as defined in section
7701(a)(37) of the Internal Revenue Code of 1986) to address eligible
inadvertent failures with respect to an individual retirement plan (as
so defined), including (but not limited to)--
(1) waivers of the excise tax which would otherwise apply under
section 4974 of the Internal Revenue Code of 1986, and
(2) rules permitting a nonspouse beneficiary to return
distributions to an inherited individual retirement plan described
in section 408(d)(3)(C) of the Internal Revenue Code of 1986 in a
case where, due to an inadvertent error by a service provider, the
beneficiary had reason to believe that the distribution could be
rolled over without inclusion in income of any part of the
distributed amount.
(d) Correction Methods for Eligible Inadvertent Failures.--The
Secretary shall issue guidance on correction methods that are required
to be used to correct eligible inadvertent failures, including general
principles of correction if a specific correction method is not
specified by the Secretary.
(e) Eligible Inadvertent Failure.--For purposes of this section--
(1) In general.--Except as provided in paragraph (2), the term
``eligible inadvertent failure'' means a failure that occurs
despite the existence of practices and procedures which--
(A) satisfy the standards set forth in section 4.04 of
Revenue Procedure 2021-30 (or any successor guidance), or
(B) satisfy similar standards in the case of an individual
retirement plan.
(2) Exception.--The term ``eligible inadvertent failure'' shall
not include any failure which is egregious, relates to the
diversion or misuse of plan assets, or is directly or indirectly
related to an abusive tax avoidance transaction.
(f) Application of Certain Requirements for Correcting Errors.--
This section shall not apply to any failure unless the correction of
such failure under this section is made in conformity with the general
principles that apply to corrections of such failures under the
Internal Revenue Code of 1986, including regulations or other guidance
issued thereunder and including those principles and corrections set
forth in Revenue Procedure 2021-30 (or any successor guidance).
(g) Issuance of Guidance.--The Secretary of the Treasury, or the
Secretary's delegate, shall revise Revenue Procedure 2021-30 (or any
successor guidance) to take into account the provisions of this section
not later than the date which is 2 years after the date of enactment of
this Act.
SEC. 306. ELIMINATE THE ``FIRST DAY OF THE MONTH'' REQUIREMENT FOR
GOVERNMENTAL SECTION 457(b) PLANS.
(a) In General.--Section 457(b)(4) is amended to read as follows:
``(4) which provides that compensation--
``(A) in the case of an eligible employer described in
subsection (e)(1)(A), will be deferred only if an agreement
providing for such deferral has been entered into before the
compensation is currently available to the individual, and
``(B) in any other case, will be deferred for any calendar
month only if an agreement providing for such deferral has been
entered into before the beginning of such month,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 307. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE DISTRIBUTION
TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARITABLE
DISTRIBUTION LIMITATION.
(a) One-time Election for Qualified Charitable Distribution to
Split-interest Entity.--Section 408(d)(8) is amended by adding at the
end the following new subparagraph:
``(F) One-time election for qualified charitable
distribution to split-interest entity.--
``(i) In general.--A taxpayer may for a taxable year
elect under this subparagraph to treat as meeting the
requirement of subparagraph (B)(i) any distribution from an
individual retirement account which is made directly by the
trustee to a split-interest entity, but only if--
``(I) an election is not in effect under this
subparagraph for a preceding taxable year,
``(II) the aggregate amount of distributions of the
taxpayer with respect to which an election under this
subparagraph is made does not exceed $50,000, and
``(III) such distribution meets the requirements of
clauses (iii) and (iv).
``(ii) Split-interest entity.--For purposes of this
subparagraph, the term `split-interest entity' means--
``(I) a charitable remainder annuity trust (as
defined in section 664(d)(1)), but only if such trust
is funded exclusively by qualified charitable
distributions,
``(II) a charitable remainder unitrust (as defined
in section 664(d)(2)), but only if such unitrust is
funded exclusively by qualified charitable
distributions, or
``(III) a charitable gift annuity (as defined in
section 501(m)(5)), but only if such annuity is funded
exclusively by qualified charitable distributions and
commences fixed payments of 5 percent or greater not
later than 1 year from the date of funding.
``(iii) Contributions must be otherwise deductible.--A
distribution meets the requirements of this clause only
if--
``(I) in the case of a distribution to a charitable
remainder annuity trust or a charitable remainder
unitrust, a deduction for the entire value of the
remainder interest in the distribution for the benefit
of a specified charitable organization would be
allowable under section 170 (determined without regard
to subsection (b) thereof and this paragraph), and
``(II) in the case of a charitable gift annuity, a
deduction in an amount equal to the amount of the
distribution reduced by the value of the annuity
described in section 501(m)(5)(B) would be allowable
under section 170 (determined without regard to
subsection (b) thereof and this paragraph).
``(iv) Limitation on income interests.--A distribution
meets the requirements of this clause only if--
``(I) no person holds an income interest in the
split-interest entity other than the individual for
whose benefit such account is maintained, the spouse of
such individual, or both, and
``(II) the income interest in the split-interest
entity is nonassignable.
``(v) Special rules.--
``(I) Charitable remainder trusts.--Notwithstanding
section 664(b), distributions made from a trust
described in subclause (I) or (II) of clause (ii) shall
be treated as ordinary income in the hands of the
beneficiary to whom the annuity described in section
664(d)(1)(A) or the payment described in section
664(d)(2)(A) is paid.
``(II) Charitable gift annuities.--Qualified
charitable distributions made to fund a charitable gift
annuity shall not be treated as an investment in the
contract for purposes of section 72(c).''.
(b) Inflation Adjustment.--Section 408(d)(8), as amended by
subsection (a), is further amended by adding at the end the following
new subparagraph:
``(G) Inflation adjustment.--
``(i) In general.--In the case of any taxable year
beginning after 2023, each of the dollar amounts in
subparagraphs (A) and (F) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(ii) Rounding.--If any dollar amount increased under
clause (i) is not a multiple of $1,000, such dollar amount
shall be rounded to the nearest multiple of $1,000.''.
(c) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after the date of the
enactment of this Act.
SEC. 308. DISTRIBUTIONS TO FIREFIGHTERS.
(a) In General.--Subparagraph (A) of section 72(t)(10) is amended
by striking ``414(d))'' and inserting ``414(d)) or a distribution from
a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B)
to an employee who provides firefighting services''.
(b) Conforming Amendment.--The heading of paragraph (10) of section
72(t) is amended by striking ``in governmental plans'' and inserting
``and private sector firefighters''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 309. EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER
RETIREMENT PAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by inserting after section 139B the following new section:
``SEC. 139C. CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT
PAYMENTS.
``(a) In General.--In the case of an individual who receives
qualified first responder retirement payments for any taxable year,
gross income shall not include so much of such payments as do not
exceed the annualized excludable disability amount with respect to such
individual.
``(b) Qualified First Responder Retirement Payments.--For purposes
of this section, the term `qualified first responder retirement
payments' means, with respect to any taxable year, any pension or
annuity which but for this section would be includible in gross income
for such taxable year and which is received--
``(1) from a plan described in clause (iii), (iv), (v), or (vi)
of section 402(c)(8)(B), and
``(2) in connection with such individual's qualified first
responder service.
``(c) Annualized Excludable Disability Amount.--For purposes of
this section--
``(1) In general.--The term `annualized excludable disability
amount' means, with respect to any individual, the service-
connected excludable disability amounts which are properly
attributable to the 12-month period immediately preceding the date
on which such individual attains retirement age.
``(2) Service-connected excludable disability amount.--The term
`service-connected excludable disability amount' means periodic
payments received by an individual which--
``(A) are not includible in such individual's gross income
under section 104(a)(1),
``(B) are received in connection with such individual's
qualified first responder service, and
``(C) terminate when such individual attains retirement
age.
``(3) Special rule for partial-year payments.--In the case of
an individual who only receives service-connected excludable
disability amounts properly attributable to a portion of the 12-
month period described in paragraph (1), such paragraph shall be
applied by multiplying such amounts by the ratio of 365 to the
number of days in such period to which such amounts were properly
attributable.
``(d) Qualified First Responder Service.--For purposes of this
section, the term `qualified first responder service' means service as
a law enforcement officer, firefighter, paramedic, or emergency medical
technician.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 is amended by inserting after the item
relating to section 139B the following new item:
``Sec. 139C. Certain disability-related first responder retirement
payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received with respect to taxable years beginning after
December 31, 2026.
SEC. 310. APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION
PLANS COVERING EXCLUDABLE EMPLOYEES.
(a) In General.--Paragraph (2) of section 416(c) is amended by
adding at the end the following new subparagraph:
``(C) Application to employees not meeting age and service
requirements.--Any employees not meeting the age or service
requirements of section 410(a)(1) (without regard to
subparagraph (B) thereof) may be excluded from consideration in
determining whether any plan of the employer meets the
requirements of subparagraphs (A) and (B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning after December 31, 2023.
SEC. 311. REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION
LIMITED TO 3 YEARS.
(a) In General.--Section 72(t)(2)(H)(v)(I) is amended by striking
``may make'' and inserting ``may, at any time during the 3-year period
beginning on the day after the date on which such distribution was
received, make''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to distributions made
after the date of the enactment of this Act.
(2) Temporary rule with respect to distributions already
made.--In the case of a qualified birth or adoption distribution
(as defined in section 72(t)(2)(H)(iii)(I) of the Internal Revenue
Code of 1986) made on or before the date of the enactment of this
Act, section 72(t)(2)(H)(v)(I) of such Code (as amended by this
Act) shall apply to such distribution by substituting ``after such
distribution and before January 1, 2026'' for ``during the 3-year
period beginning on the day after the date on which such
distribution was received''.
SEC. 312. EMPLOYER MAY RELY ON EMPLOYEE CERTIFYING THAT DEEMED
HARDSHIP DISTRIBUTION CONDITIONS ARE MET.
(a) Cash or Deferred Arrangements.--Section 401(k)(14) is amended
by adding at the end the following new subparagraph:
``(C) Employee certification.--In determining whether a
distribution is upon the hardship of an employee, the
administrator of the plan may rely on a written certification
by the employee that the distribution is--
``(i) on account of a financial need of a type which is
deemed in regulations prescribed by the Secretary to be an
immediate and heavy financial need, and
``(ii) not in excess of the amount required to satisfy
such financial need, and
that the employee has no alternative means reasonably available
to satisfy such financial need. The Secretary may provide by
regulations for exceptions to the rule of the preceding
sentence in cases where the plan administrator has actual
knowledge to the contrary of the employee's certification, and
for procedures for addressing cases of employee
misrepresentation.''.
(b) 403(b) Plans.--
(1) Custodial accounts.--Section 403(b)(7) is amended by adding
at the end the following new subparagraph:
``(D) Employee certification.--In determining whether a
distribution is upon the financial hardship of an employee, the
administrator of the plan may rely on a written certification
by the employee that the distribution is--
``(i) on account of a financial need of a type which is
deemed in regulations prescribed by the Secretary to be an
immediate and heavy financial need, and
``(ii) not in excess of the amount required to satisfy
such financial need, and
that the employee has no alternative means reasonably available
to satisfy such financial need. The Secretary may provide by
regulations for exceptions to the rule of the preceding
sentence in cases where the plan administrator has actual
knowledge to the contrary of the employee's certification, and
for procedures for addressing cases of employee
misrepresentation.''.
(2) Annuity contracts.--Section 403(b)(11) is amended by adding
at the end the following: ``In determining whether a distribution
is upon hardship of an employee, the administrator of the plan may
rely on a written certification by the employee that the
distribution is on account of a financial need of a type which is
deemed in regulations prescribed by the Secretary to be an
immediate and heavy financial need and is not in excess of the
amount required to satisfy such financial need, and that the
employee has no alternative means reasonably available to satisfy
such financial need. The Secretary may provide by regulations for
exceptions to the rule of the preceding sentence in cases where the
plan administrator has actual knowledge to the contrary of the
employee's certification, and for procedures for addressing cases
of employee misrepresentation.''.
(c) 457(b) Plan.--Section 457(d) is amended by adding at the end
the following new paragraph:
``(4) Participant certification.--In determining whether a
distribution to a participant is made when the participant is faced
with an unforeseeable emergency, the administrator of a plan
maintained by an eligible employer described in subsection
(e)(1)(A) may rely on a written certification by the participant
that the distribution is--
``(A) made when the participant is faced with an
unforeseeable emergency of a type which is described in
regulations prescribed by the Secretary as an unforeseeable
emergency, and
``(B) not in excess of the amount required to satisfy the
emergency need, and
that the participant has no alternative means reasonably available
to satisfy such emergency need. The Secretary may provide by
regulations for exceptions to the rule of the preceding sentence in
cases where the plan administrator has actual knowledge to the
contrary of the participant's certification, and for procedures for
addressing cases of participant misrepresentation.''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 313. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS FOR
EXCISE TAX ON EXCESS CONTRIBUTIONS AND CERTAIN ACCUMULATIONS.
(a) In General.--Section 6501(l) is amended by adding at the end
the following new paragraph:
``(4) Individual retirement plans.--
``(A) In general.--For purposes of any tax imposed by
section 4973 or 4974 in connection with an individual
retirement plan, the return referred to in this section shall
include the income tax return filed by the person on whom the
tax under such section is imposed for the year in which the act
(or failure to act) giving rise to the liability for such tax
occurred.
``(B) Rule in case of individuals not required to file
return.--In the case of a person who is not required to file an
income tax return for such year--
``(i) the return referred to in this section shall be
the income tax return that such person would have been
required to file but for the fact that such person was not
required to file such return, and
``(ii) the 3-year period referred to in subsection (a)
with respect to the return shall be deemed to begin on the
date by which the return would have been required to be
filed (excluding any extension thereof).
``(C) Period for assessment in case of income tax return.--
In any case in which the return with respect to a tax imposed
by section 4973 is the individual's income tax return for
purposes of this section, subsection (a) shall be applied by
substituting a 6-year period in lieu of the 3-year period
otherwise referred to in such subsection.
``(D) Exception for certain acquisitions of property.--In
the case of any tax imposed by section 4973 that is
attributable to acquiring property for less than fair market
value, subparagraph (A) shall not apply.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 314. PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR
INDIVIDUAL IN CASE OF DOMESTIC ABUSE.
(a) In General.--Paragraph (2) of section 72(t), as amended by this
Act, is further amended by adding at the end the following new
subparagraph:
``(K) Distribution from retirement plan in case of domestic
abuse.--
``(i) In general.--Any eligible distribution to a
domestic abuse victim.
``(ii) Limitation.--The aggregate amount which may be
treated as an eligible distribution to a domestic abuse
victim by any individual shall not exceed an amount equal
to the lesser of--
``(I) $10,000, or
``(II) 50 percent of the present value of the
nonforfeitable accrued benefit of the employee under
the plan.
``(iii) Eligible distribution to a domestic abuse
victim.--For purposes of this subparagraph--
``(I) In general.--A distribution shall be treated
as an eligible distribution to a domestic abuse victim
if such distribution is from an applicable eligible
retirement plan and is made to an individual during the
1-year period beginning on any date on which the
individual is a victim of domestic abuse by a spouse or
domestic partner.
``(II) Domestic abuse.--The term `domestic abuse'
means physical, psychological, sexual, emotional, or
economic abuse, including efforts to control, isolate,
humiliate, or intimidate the victim, or to undermine
the victim's ability to reason independently, including
by means of abuse of the victim's child or another
family member living in the household.
``(iv) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
clause (ii)) be an eligible distribution to a domestic
abuse victim, a plan shall not be treated as failing to
meet any requirement of this title merely because the plan
treats the distribution as an eligible distribution to a
domestic abuse victim, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes the
employer, determined as provided in subparagraph
(H)(iv)(II)) to such individual exceeds the limitation
under clause (ii).
``(v) Amount distributed may be repaid.--Rules similar
to the rules of subparagraph (H)(v) shall apply with
respect to an individual who receives a distribution to
which clause (i) applies.
``(vi) Definition and special rules.--For purposes of
this subparagraph:
``(I) Applicable eligible retirement plan.--The
term `applicable eligible retirement plan' means an
eligible retirement plan (as defined in section
402(c)(8)(B)) other than a defined benefit plan or a
plan to which sections 401(a)(11) and 417 apply.
``(II) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405, an eligible
distribution to a domestic abuse victim shall not be
treated as an eligible rollover distribution.
``(III) Distributions treated as meeting plan
distribution requirements; self-certification.--Any
distribution which the employee or participant
certifies as being an eligible distribution to a
domestic abuse victim shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
``(vii) Inflation adjustment.--In the case of a taxable
year beginning in a calendar year after 2024, the $10,000
amount in clause (ii)(I) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence
is not a multiple of $100, such amount shall be rounded to
the nearest multiple of $100.''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2023.
SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.
(a) In General.--Section 414 is amended--
(1) in subsection (b)--
(A) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'', and
(B) by adding at the end the following new paragraphs:
``(2) Special rules for applying family attribution.--For
purposes of applying the attribution rules under section 1563 with
respect to paragraph (1), the following rules apply:
``(A) Community property laws shall be disregarded for
purposes of determining ownership.
``(B) Except as provided by the Secretary, stock of an
individual not attributed under section 1563(e)(5) to such
individual's spouse shall not be attributed to such spouse by
reason of the combined application of paragraphs (1) and (6)(A)
of section 1563(e).
``(C) Except as provided by the Secretary, in the case of
stock in different corporations that is attributed to a child
under section 1563(e)(6)(A) from each parent, and is not
attributed to such parents as spouses under section 1563(e)(5),
such attribution to the child shall not by itself result in
such corporations being members of the same controlled group.
``(3) Plan shall not fail to be treated as satisfying this
section.--If application of paragraph (2) causes 2 or more entities
to be a controlled group or to no longer be in a controlled group,
such change shall be treated as a transaction to which section
410(b)(6)(C) applies.'', and
(2) in subsection (m)(6)(B)--
(A) by striking ``Ownership.--In determining'' and
inserting the following: ``Ownership.--
``(i) In general.--In determining'',
(B) by adding at the end the following new clauses:
``(ii) Special rules for applying family attribution.--
For purposes of applying the attribution rules under
section 318 with respect to clause (i), the following rules
apply:
``(I) Community property laws shall be disregarded
for purposes of determining ownership.
``(II) Except as provided by the Secretary, stock
of an individual not attributed under section
318(a)(1)(A)(i) to such individual's spouse shall not
be attributed by reason of the combined application of
paragraphs (1)(A)(ii) and (4) of section 318(a) to such
spouse from a child who has not attained the age of 21
years.
``(III) Except as provided by the Secretary, in the
case of stock in different organizations which is
attributed under section 318(a)(1)(A)(ii) from each
parent to a child who has not attained the age of 21
years, and is not attributed to such parents as spouses
under section 318(a)(1)(A)(i), such attribution to the
child shall not by itself result in such organizations
being members of the same affiliated service group.
``(iii) Plan shall not fail to be treated as satisfying
this section.--If the application of clause (ii) causes two
or more entities to be an affiliated service group, or to
no longer be in an affiliated service group, such change
shall be treated as a transaction to which section
410(b)(6)(C) applies.'', and
(C) by striking ``apply'' in clause (i), as so added, and
inserting ``apply, except that community property laws shall be
disregarded for purposes of determining ownership''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 316. AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN FOR
PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER TAX RETURN DUE DATE.
(a) In General.--Section 401(b) is amended by adding at the end the
following new paragraph:
``(3) Retroactive plan amendments that increase benefit
accruals.--If--
``(A) an employer amends a stock bonus, pension, profit-
sharing, or annuity plan to increase benefits accrued under the
plan effective as of any date during the immediately preceding
plan year (other than increasing the amount of matching
contributions (as defined in subsection (m)(4)(A))),
``(B) such amendment would not otherwise cause the plan to
fail to meet any of the requirements of this subchapter, and
``(C) such amendment is adopted before the time prescribed
by law for filing the return of the employer for the taxable
year (including extensions thereof) which includes the date
described in subparagraph (A),
the employer may elect to treat such amendment as having been
adopted as of the last day of the plan year in which the amendment
is effective.''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 317. RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE
PROPRIETORS.
(a) In General.--Section 401(b)(2) is amended by adding at the end
the following: ``In the case of an individual who owns the entire
interest in an unincorporated trade or business, and who is the only
employee of such trade or business, any elective deferrals (as defined
in section 402(g)(3)) under a qualified cash or deferred arrangement to
which the preceding sentence applies, which are made by such individual
before the time for filing the return of such individual for the
taxable year (determined without regard to any extensions) ending after
or with the end of the plan's first plan year, shall be treated as
having been made before the end of such first plan year.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after the date of the enactment of this Act.
SEC. 318. PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION FUNDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Labor shall promulgate regulations under
section 404 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1104) providing that, in the case of a designated investment
alternative that contains a mix of asset classes, the administrator of
a plan may, but is not required to, use a benchmark that is a blend of
different broad-based securities market indices if--
(1) the blend is reasonably representative of the asset class
holdings of the designated investment alternative;
(2) for purposes of determining the blend's returns for 1-, 5-,
and 10-calendar-year periods (or for the life of the alternative,
if shorter), the blend is modified at least once per year if needed
to reflect changes in the asset class holdings of the designated
investment alternative;
(3) the blend is furnished to participants and beneficiaries in
a manner that is reasonably calculated to be understood by the
average plan participant; and
(4) each securities market index that is used for an associated
asset class would separately satisfy the requirements of such
regulation for such asset class.
(b) Study.--Not later than 3 years after the applicability date of
regulations issued under this section, the Secretary of Labor shall
deliver a report to the Committees on Finance and Health, Education,
Labor, and Pensions of the Senate and the Committees on Ways and Means
and Education and Labor of the House of Representatives regarding the
utilization, and participants' understanding, of the benchmarking
requirements under this section.
SEC. 319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND
DISCLOSURE REQUIREMENTS.
(a) Study.--As soon as practicable after the date of enactment of
this Act, the Secretary of Labor, the Secretary of the Treasury, and
the Director of the Pension Benefit Guaranty Corporation shall review
the reporting and disclosure requirements as applicable to each such
agency head, of--
(1) the Employee Retirement Income Security Act of 1974
applicable to pension plans (as defined in section 3(2) of such Act
(29 U.S.C. 1002(2)) covered by title I of such Act; and
(2) the Internal Revenue Code of 1986 applicable to qualified
retirement plans (as defined in section 4974(c) of such Code,
without regard to paragraphs (4) and (5) of such section).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Labor, the Secretary of the
Treasury, and the Director of the Pension Benefit Guaranty
Corporation, jointly, and after consultation with a balanced group
of participant and employer representatives, shall with respect to
plans referenced in subsection (a) report on the effectiveness of
the applicable reporting and disclosure requirements and make such
recommendations as may be appropriate to the Committee on Education
and Labor and the Committee on Ways and Means of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions and the Committee on Finance of the Senate to consolidate,
simplify, standardize, and improve such requirements so as to
simplify reporting for, and disclosure from, such plans and ensure
that plans can furnish and participants and beneficiaries timely
receive and better understand the information they need to monitor
their plans, plan for retirement, and obtain the benefits they have
earned.
(2) Analysis of effectiveness.--To assess the effectiveness of
the applicable reporting and disclosure requirements, the report
shall include an analysis of how participants and beneficiaries are
providing preferred contact information, the methods by which plan
sponsors and plans are furnishing disclosures, and the rate at
which participants and beneficiaries are receiving, accessing,
understanding, and retaining disclosures.
(3) Collection of information.--The agencies shall conduct
appropriate surveys and data collection to obtain any needed
information.
SEC. 320. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO
UNENROLLED PARTICIPANTS.
(a) Amendment of ERISA.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et
seq.) is amended by redesignating section 111 as section 112 and by
inserting after section 110 the following new section:
``SEC. 111. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED TO
UNENROLLED PARTICIPANTS.
``(a) In General.--Notwithstanding any other provision of this
title, with respect to any individual account plan, no disclosure,
notice, or other plan document (other than the notices and documents
described in paragraphs (1) and (2)) shall be required to be furnished
under this title to any unenrolled participant if the unenrolled
participant is furnished--
``(1) an annual reminder notice of such participant's
eligibility to participate in such plan and any applicable election
deadlines under the plan; and
``(2) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
section.
``(b) Unenrolled Participant.--For purposes of this section, the
term `unenrolled participant' means an employee who--
``(1) is eligible to participate in an individual account plan;
``(2) has been furnished--
``(A) the summary plan description pursuant to section
104(b), and
``(B) any other notices related to eligibility under the
plan required to be furnished under this title, or the Internal
Revenue Code of 1986, in connection with such participant's
initial eligibility to participate in such plan;
``(3) is not participating in such plan; and
``(4) satisfies such other criteria as the Secretary of Labor
may determine appropriate, as prescribed in guidance issued in
consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate in the
plan following any period for which such employee was not eligible to
participate shall be treated as initial eligibility.
``(c) Annual Reminder Notice.--For purposes of this section, the
term `annual reminder notice' means a notice provided in accordance
with section 2520.104b-1 of title 29, Code of Federal Regulations (or
any successor regulation), which--
``(1) is furnished in connection with the annual open season
election period with respect to the plan or, if there is no such
period, is furnished within a reasonable period prior to the
beginning of each plan year;
``(2) notifies the unenrolled participant of--
``(A) the unenrolled participant's eligibility to
participate in the plan; and
``(B) the key benefits and rights under the plan, with a
focus on employer contributions and vesting provisions; and
``(3) provides such information in a prominent manner
calculated to be understood by the average participant.''.
(2) Clerical amendment.--The table of contents in section 1 of
the Employee Retirement Income Security Act of 1974 is amended by
striking the item relating to section 111 and by inserting after
the item relating to section 110 the following new items:
``Sec. 111. Eliminating unnecessary plan requirements related to
unenrolled participants.
``Sec. 112. Repeal and effective date.''.
(b) Amendment of Internal Revenue Code of 1986.--Section 414, as
amended by the preceding provisions of this Act, is amended by adding
at the end the following new subsection:
``(bb) Eliminating Unnecessary Plan Requirements Related to
Unenrolled Participants.--
``(1) In general.--Notwithstanding any other provision of this
title, with respect to any defined contribution plan, no
disclosure, notice, or other plan document (other than the notices
and documents described in subparagraphs (A) and (B)) shall be
required to be furnished under this title to any unenrolled
participant if the unenrolled participant is furnished--
``(A) an annual reminder notice of such participant's
eligibility to participate in such plan and any applicable
election deadlines under the plan, and
``(B) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
subsection.
``(2) Unenrolled participant.--For purposes of this subsection,
the term `unenrolled participant' means an employee who--
``(A) is eligible to participate in a defined contribution
plan,
``(B) has been furnished--
``(i) the summary plan description pursuant to section
104(b) of the Employee Retirement Income Security Act of
1974, and
``(ii) any other notices related to eligibility under
the plan and required to be furnished under this title, or
the Employee Retirement Income Security Act of 1974, in
connection with such participant's initial eligibility to
participate in such plan,
``(C) is not participating in such plan, and
``(D) satisfies such other criteria as the Secretary of the
Treasury may determine appropriate, as prescribed in guidance
issued in consultation with the Secretary of Labor.
For purposes of this subsection, any eligibility to participate in
the plan following any period for which such employee was not
eligible to participate shall be treated as initial eligibility.
``(3) Annual reminder notice.--For purposes of this subsection,
the term `annual reminder notice' means the notice described in
section 111(c) of the Employee Retirement Income Security Act of
1974.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE BULLETIN.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall--
(1) review section 2509.95-1 of title 29, Code of Federal
Regulations (relating to the fiduciary standards under the Employee
Retirement Income Security Act of 1974 when selecting an annuity
provider for a defined benefit pension plan) and consult with the
Advisory Council on Employee Welfare and Pension Benefit Plans
(established under section 512 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1142)), to determine whether
amendments to section 2509.95-1 of title 29, Code of Federal
Regulations are warranted; and
(2) report to Congress on the findings of such review and
consultation, including an assessment of any risk to participants.
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED
TRANSACTION.
(a) In General.--Section 408(e)(2)(A) is amended by striking
``and'' at the end of clause (i), by striking the period at the end of
clause (ii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iii) each individual retirement plan of the
individual shall be treated as a separate contract.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment under the
Internal Revenue Code of 1986 of individual retirement plans as 1
contract in the case of any other provision of such Code to which
the amendments made by this section do not apply.
SEC. 323. CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC PAYMENT
RULE.
(a) In General.--Paragraph (4) of section 72(t) is amended by
inserting at the end the following new subparagraph:
``(C) Rollovers to subsequent plan.--If--
``(i) payments described in paragraph (2)(A)(iv) are
being made from a qualified retirement plan,
``(ii) a transfer or a rollover from such qualified
retirement plan of all or a portion of the taxpayer's
benefit under the plan is made to another qualified
retirement plan, and
``(iii) distributions from the transferor and
transferee plans would in combination continue to satisfy
the requirements of paragraph (2)(A)(iv) if they had been
made only from the transferor plan,
such transfer or rollover shall not be treated as a
modification under subparagraph (A)(ii), and compliance with
paragraph (2)(A)(iv) shall be determined on the basis of the
combined distributions described in clause (iii).''.
(b) Nonqualified Annuity Contracts.--Paragraph (3) of section 72(q)
is amended--
(1) by redesignating clauses (i) and (ii) of subparagraph (B)
as subclauses (I) and (II), and by moving such subclauses 2 ems to
the right;
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), by moving such clauses 2 ems to the right, and by
adjusting the flush language at the end accordingly;
(3) by striking ``payments.--If'' and inserting ``payments.--
``(A) In general.--If--''; and
(4) by adding at the end the following new subparagraph:
``(B) Exchanges to subsequent contracts.--If--
``(i) payments described in paragraph (2)(D) are being
made from an annuity contract,
``(ii) an exchange of all or a portion of such contract
for another contract is made under section 1035, and
``(iii) the aggregate distributions from the contracts
involved in the exchange continue to satisfy the
requirements of paragraph (2)(D) as if the exchange had not
taken place,
such exchange shall not be treated as a modification under
subparagraph (A)(ii), and compliance with paragraph (2)(D)
shall be determined on the basis of the combined distributions
described in clause (iii).''.
(c) Information Reporting.--Section 6724 is amended by inserting at
the end the following new subsection:
``(g) Special Rule for Reporting Certain Additional Taxes.--No
penalty shall be imposed under section 6721 or 6722 if--
``(1) a person makes a return or report under section 6047(d)
or 408(i) with respect to any distribution,
``(2) such distribution is made following a rollover, transfer,
or exchange described in section 72(t)(4)(C) or section
72(q)(3)(C),
``(3) in making such return or report the person relies upon a
certification provided by the taxpayer that the distributions
satisfy the requirements of section 72(t)(4)(C)(iii) or section
72(q)(3)(B)(iii), as applicable, and
``(4) such person does not have actual knowledge that the
distributions do not satisfy such requirements.''.
(d) Safe Harbor for Annuity Payments.--
(1) Qualified retirement plans.--Subparagraph (A) of section
72(t)(2) is amended by adding at the end the following flush
sentence:
``For purposes of clause (iv), periodic payments shall not fail
to be treated as substantially equal merely because they are
amounts received as an annuity, and such periodic payments
shall be deemed to be substantially equal if they are payable
over a period described in clause (iv) and satisfy the
requirements applicable to annuity payments under section
401(a)(9).''.
(2) Other annuity contracts.--Paragraph (2) of section 72(q) is
amended by adding at the end the following flush sentence:
``For purposes of subparagraph (D), periodic payments shall not
fail to be treated as substantially equal merely because they are
amounts received as an annuity, and such periodic payments shall be
deemed to be substantially equal if they are payable over a period
described in subparagraph (D) and would satisfy the requirements
applicable to annuity payments under section 401(a)(9) if such
requirements applied.''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a), (b),
and (c) shall apply to transfers, rollovers, and exchanges
occurring after December 31, 2023.
(2) Annuity payments.--The amendment made by subsection (d)
shall apply to distributions commencing on or after the date of the
enactment of this Act.
(3) No inference.--Nothing in the amendments made by this
section shall be construed to create an inference with respect to
the law in effect prior to the effective date of such amendments.
SEC. 324. TREASURY GUIDANCE ON ROLLOVERS.
(a) In General.--Not later than January 1, 2025, the Secretary of
the Treasury or the Secretary's delegate shall, to simplify,
standardize, facilitate, and expedite the completion of rollovers to
eligible retirement plans (as defined in section 402(c)(8)(B) of the
Internal Revenue Code of 1986) and trustee-to-trustee transfers from
individual retirement plans (as defined in section 7701(a)(37) of such
Code), develop and issue--
(1) guidance in the form of sample forms (including relevant
procedures and protocols) for rollovers of eligible rollover
distributions from a retirement to an eligible retirement plan
which--
(A) are written in a manner calculated to be understood by
the average person, and
(B) can be used by both distributing eligible retirement
plans and receiving retirement plans, and
(2) guidance in the form of sample forms (including relevant
procedures and protocols) for trustee-to-trustee transfers of
amounts from an individual retirement plan to another individual
retirement plan which--
(A) are written in a manner calculated to be understood by
the average person, and
(B) can be used by both transferring individual retirement
plans and individual retirement plans receiving the transfer.
(b) Other Requirements.--In developing the sample forms under
subsection (a), the Secretary (or Secretary's delegate) shall obtain
relevant information from participants and plan sponsor representatives
and consider potential coordination with sections 319 and 336 of this
Act.
SEC. 325. ROTH PLAN DISTRIBUTION RULES.
(a) In General.--Subsection (d) of section 402A is amended by
adding at the end the following new paragraph:
``(5) Mandatory distribution rules not to apply before death.--
Notwithstanding sections 403(b)(10) and 457(d)(2), the following
provisions shall not apply to any designated Roth account:
``(A) Section 401(a)(9)(A).
``(B) The incidental death benefit requirements of section
401(a).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to taxable years
beginning after December 31, 2023.
(2) Special rule.--The amendment made by this section shall not
apply to distributions which are required with respect to years
beginning before January 1, 2024, but are permitted to be paid on
or after such date.
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM
QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL ILLNESS.
(a) In General.--Section 72(t)(2), as amended by this Act, is
further amended by adding at the end the following new subparagraph:
``(L) Terminal illness.--
``(i) In general.--Distributions which are made to the
employee who is a terminally ill individual on or after the
date on which such employee has been certified by a
physician as having a terminal illness.
``(ii) Definition.--For purposes of this subparagraph,
the term `terminally ill individual' has the same meaning
given such term under section 101(g)(4)(A), except that `84
months' shall be substituted for `24 months'.
``(iii) Documentation.--For purposes of this
subparagraph, an employee shall not be considered to be a
terminally ill individual unless such employee furnishes
sufficient evidence to the plan administrator in such form
and manner as the Secretary may require.
``(iv) Amount distributed may be repaid.--Rules similar
to the rules of subparagraph (H)(v) shall apply with
respect to an individual who receives a distribution to
which clause (i) applies.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 327. SURVIVING SPOUSE ELECTION TO BE TREATED AS EMPLOYEE.
(a) In General.--Section 401(a)(9)(B)(iv), as amended by this Act,
is further amended to read as follows:
``(iv) Special rule for surviving spouse of employee.--
If the designated beneficiary referred to in clause
(iii)(I) is the surviving spouse of the employee and the
surviving spouse elects the treatment in this clause--
``(I) the regulations referred to in clause
(iii)(II) shall treat the surviving spouse as if the
surviving spouse were the employee,
``(II) the date on which the distributions are
required to begin under clause (iii)(III) shall not be
earlier than the date on which the employee would have
attained the applicable age, and
``(III) if the surviving spouse dies before the
distributions to such spouse begin, this subparagraph
shall be applied as if the surviving spouse is the
employee.
An election described in this clause shall be made at such
time and in such manner as prescribed by the Secretary,
shall include a timely notice to the plan administrator,
and once made may not be revoked except with the consent of
the Secretary.''.
(b) Extension of Election of at Least as Rapidly Rule.--The
Secretary shall amend Q&A-5(a) of Treasury Regulation section
1.401(a)(9)-5 (or any successor regulation thereto) to provide that if
the surviving spouse is the employee's sole designated beneficiary and
the spouse elects treatment under section 401(a)(9)(B)(iv), then the
applicable distribution period for distribution calendar years after
the distribution calendar year including the employee's date of death
is determined under the uniform lifetime table.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2023.
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION FROM
GROSS INCOME OF DISTRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH
AND LONG-TERM CARE INSURANCE.
(a) In General.--Section 402(l)(5)(A) is amended to read as
follows:
``(A) Direct payment to insurer permitted.--
``(i) In general.--Paragraph (1) shall apply to a
distribution without regard to whether payment of the
premiums is made directly to the provider of the accident
or health plan or qualified long-term care insurance
contract by deduction from a distribution from the eligible
retirement plan, or is made to the employee.
``(ii) Reporting.--In the case of a payment made to the
employee as described in clause (i), the employee shall
include with the return of tax for the taxable year in
which the distribution is made an attestation that the
distribution does not exceed the amount paid by the
employee for qualified health insurance premiums for such
taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 329. MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM EARLY
WITHDRAWAL PENALTY.
(a) In General.--Subparagraph (A) of section 72(t)(10), as amended
by this Act, is further amended by striking ``age 50'' and inserting
``age 50 or 25 years of service under the plan, whichever is earlier''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN STATE
AND LOCAL GOVERNMENT CORRECTIONS EMPLOYEES.
(a) In General.--Clause (i) of section 72(t)(10)(B) is amended by
striking ``or emergency medical services'' and inserting ``emergency
medical services, or services as a corrections officer or as a forensic
security employee providing for the care, custody, and control of
forensic patients''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made after the date of the enactment of this Act.
SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN CONNECTION
WITH QUALIFIED FEDERALLY DECLARED DISASTERS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Paragraph (2) of section 72(t), as amended by
this Act, is further amended by adding at the end the following new
subparagraph:
``(M) Distributions from retirement plans in connection
with federally declared disasters.--Any qualified disaster
recovery distribution.''.
(2) Qualified disaster recovery distribution.--Section 72(t) is
amended by adding at the end the following new paragraph:
``(11) Qualified disaster recovery distribution.--For purposes
of paragraph (2)(M)--
``(A) In general.--Except as provided in subparagraph (B),
the term `qualified disaster recovery distribution' means any
distribution made--
``(i) on or after the first day of the incident period
of a qualified disaster and before the date that is 180
days after the applicable date with respect to such
disaster, and
``(ii) to an individual whose principal place of abode
at any time during the incident period of such qualified
disaster is located in the qualified disaster area with
respect to such qualified disaster and who has sustained an
economic loss by reason of such qualified disaster.
``(B) Aggregate dollar limitation.--
``(i) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified disaster recovery
distributions with respect to any qualified disaster in all
taxable years shall not exceed $22,000.
``(ii) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
clause (i)) be a qualified disaster recovery distribution,
a plan shall not be treated as violating any requirement of
this title merely because the plan treats such distribution
as a qualified disaster recovery distribution, unless the
aggregate amount of such distributions from all plans
maintained by the employer (and any member of any
controlled group which includes the employer) to such
individual exceeds $22,000 with respect to the same
qualified disaster.
``(iii) Controlled group.--For purposes of clause (ii),
the term `controlled group' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414.
``(C) Amount distributed may be repaid.--
``(i) In general.--Any individual who receives a
qualified disaster recovery distribution may, at any time
during the 3-year period beginning on the day after the
date on which such distribution was received, make one or
more contributions in an aggregate amount not to exceed the
amount of such distribution to an eligible retirement plan
of which such individual is a beneficiary and to which a
rollover contribution of such distribution could be made
under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
457(e)(16), as the case may be.
``(ii) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For purposes of
this title, if a contribution is made pursuant to clause
(i) with respect to a qualified disaster recovery
distribution from a plan other than an individual
retirement plan, then the taxpayer shall, to the extent of
the amount of the contribution, be treated as having
received the qualified disaster recovery distribution in an
eligible rollover distribution (as defined in section
402(c)(4)) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(iii) Treatment of repayments for distributions from
iras.--For purposes of this title, if a contribution is
made pursuant to clause (i) with respect to a qualified
disaster recovery distribution from an individual
retirement plan, then, to the extent of the amount of the
contribution, the qualified disaster recovery distribution
shall be treated as a distribution described in section
408(d)(3) and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
``(D) Income inclusion spread over 3-year period.--
``(i) In general.--In the case of any qualified
disaster recovery distribution, unless the taxpayer elects
not to have this subparagraph apply for any taxable year,
any amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable year period beginning with such taxable year.
``(ii) Special rule.--For purposes of clause (i), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) shall apply.
``(E) Qualified disaster.--For purposes of this paragraph
and paragraph (8), the term `qualified disaster' means any
disaster with respect to which a major disaster has been
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act after
December 27, 2020.
``(F) Other definitions.--For purposes of this paragraph
and paragraph (8)--
``(i) Qualified disaster area.--
``(I) In general.--The term `qualified disaster
area' means, with respect to any qualified disaster,
the area with respect to which the major disaster was
declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
``(II) Exceptions.--Such term shall not include any
area which is a qualified disaster area solely by
reason of section 301 of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020.
``(ii) Incident period.--The term `incident period'
means, with respect to any qualified disaster, the period
specified by the Federal Emergency Management Agency as the
period during which such disaster occurred.
``(iii) Applicable date.--The term `applicable date'
means the latest of--
``(I) the date of the enactment of this paragraph,
``(II) the first day of the incident period with
respect to the qualified disaster, or
``(III) the date of the disaster declaration with
respect to the qualified disaster.
``(iv) Eligible retirement plan.--The term `eligible
retirement plan' shall have the meaning given such term by
section 402(c)(8)(B).
``(G) Special rules.--
``(i) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405, qualified disaster
recovery distributions shall not be treated as eligible
rollover distributions.
``(ii) Qualified disaster recovery distributions
treated as meeting plan distribution requirements.--For
purposes of this title--
``(I) a qualified disaster recovery distribution
shall be treated as meeting the requirements of
sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11),
and 457(d)(1)(A), and
``(II) in the case of a money purchase pension
plan, a qualified disaster recovery distribution which
is an in-service withdrawal shall be treated as meeting
the requirements of section 401(a) applicable to
distributions.''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions with respect to disasters the incident
period (as defined in section 72(t)(11)(F)(ii) of the Internal
Revenue Code of 1986, as added by this subsection) for which begins
on or after the date which is 30 days after the date of the
enactment of the Taxpayer Certainty and Disaster Tax Relief Act of
2020.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Individual retirement plans.--Paragraph (8) of section
72(t) is amended by adding at the end the following new
subparagraph:
``(F) Recontributions.--
``(i) General rule.--
``(I) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make one or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B)) of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
``(II) Treatment of repayments.--Rules similar to
the rules of clauses (ii) and (iii) of paragraph
(11)(C) shall apply for purposes of this subsection.
``(ii) Qualified distribution.--For purposes of this
subparagraph, the term `qualified distribution' means any
distribution--
``(I) which is a qualified first-time homebuyer
distribution,
``(II) which was to be used to purchase or
construct a principal residence in a qualified disaster
area, but which was not so used on account of the
qualified disaster with respect to such area, and
``(III) which was received during the period
beginning on the date which is 180 days before the
first day of the incident period of such qualified
disaster and ending on the date which is 30 days after
the last day of such incident period.
``(iii) Applicable period.--For purposes of this
subparagraph, the term `applicable period' means, in the
case of a principal residence in a qualified disaster area
with respect to any qualified disaster, the period
beginning on the first day of the incident period of such
qualified disaster and ending on the date which is 180 days
after the applicable date with respect to such disaster.''.
(2) Qualified plans.--Subsection (c) of section 402, as amended
by this Act, is further amended by adding at the end the following
new paragraph:
``(13) Recontributions of withdrawals for home purchases.--
``(A) General rule.--
``(i) In general.--Any individual who received a
qualified distribution may, during the applicable period,
make one or more contributions in an aggregate amount not
to exceed the amount of such qualified distribution to an
eligible retirement plan (as defined in paragraph (8)(B))
of which such individual is a beneficiary and to which a
rollover contribution of such distribution could be made
under subsection (c) or section 403(a)(4), 403(b)(8), or
408(d)(3), as the case may be.
``(ii) Treatment of repayments.--Rules similar to the
rules of clauses (ii) and (iii) of section 72(t)(11)(C)
shall apply for purposes of this subsection.
``(B) Qualified distribution.--For purposes of this
paragraph, the term `qualified distribution' means any
distribution--
``(i) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 403(b)(11)(B),
``(ii) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
``(iii) which was received during the period beginning
on the date which is 180 days before the first day of the
incident period of such qualified disaster and ending on
the date which is 30 days after the last day of such
incident period.
``(C) Definitions.--For purposes of this paragraph--
``(i) the terms `qualified disaster', `qualified
disaster area', and `incident period' have the meaning
given such terms under section 72(t)(11), and
``(ii) the term `applicable period' has the meaning
given such term under section 72(t)(8)(F).''.
(3) Effective date.--The amendments made by this subsection
shall apply to recontributions of withdrawals for home purchases
with respect to disasters the incident period (as defined in
section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as
added by this subsection) for which begins on or after the date
which is 30 days after the date of the enactment of the Taxpayer
Certainty and Disaster Tax Relief Act of 2020.
(c) Loans From Qualified Plans.--
(1) In general.--Subsection (p) of section 72 is amended by
adding at the end the following new paragraph:
``(6) Increase in limit on loans not treated as
distributions.--
``(A) In general.--In the case of any loan from a qualified
employer plan to a qualified individual made during the
applicable period--
``(i) clause (i) of paragraph (2)(A) shall be applied
by substituting `$100,000' for `$50,000', and
``(ii) clause (ii) of such paragraph shall be applied
by substituting `the present value of the nonforfeitable
accrued benefit of the employee under the plan' for `one-
half of the present value of the nonforfeitable accrued
benefit of the employee under the plan'.
``(B) Delay of repayment.--In the case of a qualified
individual with respect to any qualified disaster with an
outstanding loan from a qualified employer plan on or after the
applicable date with respect to the qualified disaster--
``(i) if the due date pursuant to subparagraph (B) or
(C) of paragraph (2) for any repayment with respect to such
loan occurs during the period beginning on the first day of
the incident period of such qualified disaster and ending
on the date which is 180 days after the last day of such
incident period, such due date may be delayed for 1 year,
``(ii) any subsequent repayments with respect to any
such loan may be appropriately adjusted to reflect the
delay in the due date under clause (i) and any interest
accruing during such delay, and
``(iii) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of paragraph (2),
the period described in clause (i) may be disregarded.
``(C) Definitions.--For purposes of this paragraph--
``(i) Qualified individual.--The term `qualified
individual' means any individual--
``(I) whose principal place of abode at any time
during the incident period of any qualified disaster is
located in the qualified disaster area with respect to
such qualified disaster, and
``(II) who has sustained an economic loss by reason
of such qualified disaster.
``(ii) Applicable period.--The applicable period with
respect to any disaster is the period--
``(I) beginning on the applicable date with respect
to such disaster, and
``(II) ending on the date that is 180 days after
such applicable date.
``(iii) Other terms.--For purposes of this paragraph--
``(I) the terms `applicable date', `qualified
disaster', `qualified disaster area', and `incident
period' have the meaning given such terms under
subsection (t)(11), and
``(II) the term `applicable period' has the meaning
given such term under subsection (t)(8).''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply to plan loans made with respect to disasters the incident
period (as defined in section 72(t)(11)(F)(ii) of the Internal
Revenue Code of 1986, as added by this subsection) for which begins
on or after the date which is 30 days after the date of the
enactment of the Taxpayer Certainty and Disaster Tax Relief Act of
2020.
(d) GAO Report.--The Comptroller General of the United States shall
submit a report to the Committees on Finance and Health, Education,
Labor and Pensions of the Senate and the Committees on Ways and Means
and Education and Labor of the House of Representatives on taxpayer
utilization of the retirement disaster relief permitted by the
amendments made by this section and or permitted by prior legislation,
including a comparison of utilization by higher and lower income
taxpayers and whether the $22,000 threshold on distributions provides
adequate relief for taxpayers who suffer from a disaster.
SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS
WITH SAFE HARBOR 401(k) PLANS DURING A YEAR.
(a) In General.--Section 408(p) is amended by adding at the end the
following new paragraph:
``(11) Replacement of simple retirement accounts with safe
harbor plans during plan year.--
``(A) In general.--Subject to the requirements of this
paragraph, an employer may elect (in such form and manner as
the Secretary may prescribe) at any time during a year to
terminate the qualified salary reduction arrangement under
paragraph (2), but only if the employer establishes and
maintains (as of the day after the termination date) a safe
harbor plan to replace the terminated arrangement.
``(B) Combined limits on contributions.--The terminated
arrangement and safe harbor plan shall both be treated as
violating the requirements of paragraph (2)(A)(ii) or section
401(a)(30) (whichever is applicable) if the aggregate elective
contributions of the employee under the terminated arrangement
during its last plan year and under the safe harbor plan during
its transition year exceed the sum of--
``(i) the applicable dollar amount for such arrangement
(determined on a full-year basis) under this subsection
(after the application of section 414(v)) with respect to
the employee for such last plan year multiplied by a
fraction equal to the number of days in such plan year
divided by 365, and
``(ii) the applicable dollar amount (as so determined)
under section 402(g)(1) for such safe harbor plan on such
elective contributions during the transition year
multiplied by a fraction equal to the number of days in
such transition year divided by 365.
``(C) Transition year.--For purposes of this paragraph, the
transition year is the period beginning after the termination
date and ending on the last day of the calendar year during
which the termination occurs.
``(D) Safe harbor plan.--For purposes of this paragraph,
the term `safe harbor plan' means a qualified cash or deferred
arrangement which meets the requirements of paragraph (11),
(12), (13), or (16) of section 401(k).''.
(b) Waiver of 2-year Withdrawal Limitation in Case of Plans
Converting to 401(k) or 403(b).--
(1) In general.--Paragraph (6) of section 72(t) is amended--
(A) by striking ``accounts.--In the case of'' and inserting
``accounts.--
``(A) In general.--In the case of'', and
(B) by adding at the end the following new subparagraph:
``(B) Waiver in case of plan conversion to 401(k) or
403(b).--In the case of an employee of an employer which
terminates the qualified salary reduction arrangement of the
employer under section 408(p) and establishes a qualified cash
or deferred arrangement described in section 401(k) or
purchases annuity contracts described in section 403(b),
subparagraph (A) shall not apply to any amount which is paid in
a rollover contribution described in section 408(d)(3) into a
qualified trust under section 401(k) (but only if such
contribution is subsequently subject to the rules of section
401(k)(2)(B)) or an annuity contract described in section
403(b) (but only if such contribution is subsequently subject
to the rules of section 403(b)(12)) for the benefit of the
employee.''.
(2) Conforming amendment.--Subparagraph (G) of section
408(d)(3) is amended by striking ``72(t)(6)'' and inserting
``72(t)(6)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE DISTRIBUTIONS
OF EXCESS CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 72(t)(2) is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ``, or''; and
(3) by inserting after clause (viii) the following new clause:
``(ix) attributable to withdrawal of net income
attributable to a contribution which is distributed
pursuant to section 408(d)(4).''.
(b) Effective Date.--The amendments made by this section shall
apply to any determination of, or affecting, liability for taxes,
interest, or penalties which is made on or after the date of the
enactment of this Act, without regard to whether the act (or failure to
act) upon which the determination is based occurred before such date of
enactment. Notwithstanding the preceding sentence, nothing in the
amendments made by this section shall be construed to create an
inference with respect to the law in effect prior to the effective date
of such amendments.
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN
DISTRIBUTIONS.
(a) In General.--Section 401(a) is amended by inserting after
paragraph (38) the following new paragraph:
``(39) Qualified long-term care distributions.--
``(A) In general.--A trust forming part of a defined
contribution plan shall not be treated as failing to constitute
a qualified trust under this section solely by reason of
allowing qualified long-term care distributions.
``(B) Qualified long-term care distribution.--For purposes
of this paragraph--
``(i) In general.--The term `qualified long-term care
distribution' means so much of the distributions made
during the taxable year as does not exceed, in the
aggregate, the least of the following:
``(I) The amount paid by or assessed to the
employee during the taxable year for or with respect to
certified long-term care insurance for the employee or
the employee's spouse (or other family member of the
employee as provided by the Secretary by regulation).
``(II) An amount equal to 10 percent of the present
value of the nonforfeitable accrued benefit of the
employee under the plan.
``(III) $2,500.
``(ii) Adjustment for inflation.--In the case of
taxable years beginning after December 31, 2024, the $2,500
amount in clause (i)(II) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2023' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the
nearest multiple of $100.
``(C) Certified long-term care insurance.--The term
`certified long-term care insurance' means--
``(i) a qualified long-term care insurance contract (as
defined in section 7702B(b)) covering qualified long-term
care services (as defined in section 7702B(c)),
``(ii) coverage of the risk that an insured individual
would become a chronically ill individual (within the
meaning of section 101(g)(4)(B)) under a rider or other
provision of a life insurance contract which satisfies the
requirements of section 101(g)(3) (determined without
regard to subparagraph (D) thereof), or
``(iii) coverage of qualified long-term care services
(as so defined) under a rider or other provision of an
insurance or annuity contract which is treated as a
separate contract under section 7702B(e) and satisfies the
requirements of section 7702B(g),
if such coverage provides meaningful financial assistance in
the event the insured needs home-based or nursing home care.
For purposes of the preceding sentence, coverage shall not be
deemed to provide meaningful financial assistance unless
benefits are adjusted for inflation and consumer protections
are provided, including protection in the event the coverage is
terminated.
``(D) Distributions must otherwise be includible.--Rules
similar to the rules of section 402(l)(3) shall apply for
purposes of this paragraph.
``(E) Long-term care premium statement.--
``(i) In general.--No distribution shall be treated as
a qualified long-term care distribution unless a long-term
care premium statement with respect to the employee has
been filed with the plan.
``(ii) Long-term care premium statement.--For purposes
of this paragraph, a long-term care premium statement is a
statement provided by the issuer of long-term care
coverage, upon request by the owner of such coverage, which
includes--
``(I) the name and taxpayer identification number
of such issuer,
``(II) a statement that the coverage is certified
long-term care insurance,
``(III) identification of the employee as the owner
of such coverage,
``(IV) identification of the individual covered and
such individual's relationship to the employee,
``(V) the premiums owed for the coverage for the
calendar year, and
``(VI) such other information as the Secretary may
require.
``(iii) Filing with secretary.--A long-term care
premium statement will be accepted only if the issuer has
completed a disclosure to the Secretary for the specific
coverage product to which the statement relates. Such
disclosure shall identify the issuer, type of coverage, and
such other information as the Secretary may require which
is included in the filing of the product with the
applicable State authority.''.
(b) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or'' at
the end of subclause (V), by adding ``or'' at the end of subclause
(VI), and by adding at the end the following new subclause:
``(VII) as provided in section 401(a)(39),''.
(2) Section 403(a) is amended by adding at the end the
following new paragraph:
``(6) Qualified long-term care distributions.--An annuity
contract shall not fail to be subject to this subsection solely by
reason of allowing distributions to which section 401(a)(39)
applies.''.
(3) Section 403(b)(7)(A)(i) is amended by striking ``or'' at
the end of subclause (V), by striking ``and'' at the end of
subclause (VI) and inserting ``or'' and by adding at the end the
following new subclause:
``(VII) as provided for distributions to which
section 401(a)(39) applies, and''.
(4) Section 403(b)(11) is amended by striking ``or'' at the end
of subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``, or'', and by inserting after
subparagraph (D) the following new subparagraph:
``(E) for distributions to which section 401(a)(39)
applies.''.
(5) Section 457(d)(1)(A) is amended by striking ``or'' at the
end of clause (iii), by striking the comma at the end of clause
(iv) and inserting ``, or'', and by adding at the end the following
new clause:
``(v) as provided in section 401(a)(39),''.
(c) Exemption From Additional Tax on Early Distributions.--Section
72(t)(2), as amended by this Act, is further amended by adding at the
end the following new subparagraph:
``(N) Qualified long-term care distributions.--
``(i) In general.--Any qualified long-term care
distribution to which section 401(a)(39) applies.
``(ii) Exception.--If, with respect to the plan, the
individual covered by the long-term care coverage to which
such distribution relates is the spouse of the employee,
clause (i) shall apply only if the employee and the
employee's spouse file a joint return.
``(iii) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405, any qualified long-
term care distribution described in clause (i) shall not be
treated as an eligible rollover distribution.''.
(d) Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 is amended by adding at the end the following new
section:
``SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE PREMIUM STATEMENTS.
``(a) Requirement of Reporting.--Any issuer of certified long-term
care insurance (as defined in section 401(a)(39)(C)) who provides a
long-term care premium statement with respect to any purchaser pursuant
to section 401(a)(39)(E) for a calendar year, shall make a return not
later than February 1 of the succeeding calendar year, according to
forms or regulations prescribed by the Secretary, setting forth with
respect to each such purchaser--
``(1) the name and taxpayer identification number of such
issuer,
``(2) a statement that the coverage is certified long-term care
insurance as defined in section 401(a)(39)(C),
``(3) the name of the owner of such coverage,
``(4) identification of the individual covered and such
individual's relationship to the owner,
``(5) the premiums paid for the coverage for the calendar year,
and
``(6) such other information as the Secretary may require.
``(b) Statement to Be Furnished to Persons With Respect to Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each individual whose name is required
to be set forth in such return a written statement showing--
``(1) the name, address, and phone number of the information
contact of the issuer of the contract or coverage, and
``(2) the aggregate amount of premiums and charges paid under
the contract or coverage covering the insured individual during the
calendar year.
The written statement required under the preceding sentence shall be
furnished to the individual or individuals on or before January 31 of
the year following the calendar year for which the return required
under subsection (a) was required to be made.
``(c) Contracts or Coverage Covering More Than One Insured.--In the
case of contracts or coverage covering more than one insured, the
return and statement required by subsections (a) and (b) shall identify
only the portion of the premium that is properly allocable to the
insured in respect of whom the return or statement is made.
``(d) Statement to Be Furnished on Request.--If any individual to
whom a return is required to be furnished under subsection (b) requests
that such a return be furnished at any time before the close of the
calendar year, the person required to make the return under subsection
(b) shall comply with such request and shall furnish to the Secretary
at such time a copy of the return so provided.''.
(2) Penalties.--Section 6724(d) is amended--
(A) in paragraph (1)(B), by adding ``or'' at the end of
clause (xxvii) and by inserting after such clause the following
new clause:
``(xxviii) section 6050Z (relating to reports relating
to long-term care premium statements), and'', and
(B) in paragraph (2)--
(i) by redesignating subparagraph (JJ), relating to
section 6050Y, as subparagraph (KK) and moving such
subparagraph to the position immediately after subparagraph
(JJ), relating to section 6226(a)(2),
(ii) by striking ``or'' at the end of subparagraph
(II),
(iii) by striking the period at the end of subparagraph
(JJ), relating to section 6226(a)(2), and inserting a
comma,
(iv) by striking the period at the end of subparagraph
(KK), as so redesignated, and inserting ``, or'', and
(v) by inserting after subparagraph (KK), as so
redesignated, the following new subparagraph:
``(LL) section 6050Z (relating to reports relating to long-
term care premium statements).''.
(3) Clerical amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 is amended by adding after
the item relating to section 6050Y the following new item:
``Sec. 6050Z. Reports relating to long-term care premium statements.''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions made after the date which is 3 years after the
date of the enactment of this Act.
(f) Disclosure to Treasury of Long-term Care Insurance Products.--
The Secretary of the Treasury (or the Secretary's delegate) shall issue
such forms and guidance as are necessary to collect the filing required
by section 401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, as
added by this section.
SEC. 335. CORRECTIONS OF MORTALITY TABLES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall amend the regulation relating to
``Mortality Tables for Determining Present Value Under Defined Benefit
Pension Plans'' (82 Fed. Reg. 46388 (October 5, 2017)). Under such
amendment, for valuation dates occurring during or after 2024, such
mortality improvement rates shall not assume for years beyond the
valuation date future mortality improvements at any age which are
greater than .78 percent. The Secretary of the Treasury (or delegate)
shall by regulation modify the .78 percent figure in the preceding
sentence as necessary to reflect material changes in the overall rate
of improvement projected by the Social Security Administration.
(b) Effective Date.--The amendments required under subsection (a)
shall be deemed to have been made as of the date of the enactment of
this Act, and as of such date all applicable laws shall be applied in
all respects as though the actions which the Secretary of the Treasury
(or the Secretary's delegate) is required to take under such subsection
had been taken.
SEC. 336. REPORT TO CONGRESS ON SECTION 402(f) NOTICES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to the Committees on Finance and Health, Education, Labor, and Pensions
of the Senate and the Committees on Ways and Means and Education and
Labor of the House of Representatives on the notices provided by
retirement plan administrators to plan participants under section
402(f) of the Internal Revenue Code of 1986. The report shall analyze
the effectiveness of such notices and make recommendations, as
warranted by the findings, to facilitate better understanding by
recipients of different distribution options and corresponding tax
consequences, including spousal rights.
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
SPECIAL NEEDS TRUSTS.
(a) In General.--Section 401(a)(9)(H)(iv)(II) is amended by
striking ``no individual'' and inserting ``no beneficiary''.
(b) Conforming Amendment.--Section 401(a)(9)(H)(v) is amended by
adding at the end the following flush sentence:
``For purposes of the preceding sentence, in the case of a
trust the terms of which are described in clause (iv)(II),
any beneficiary which is an organization described in
section 408(d)(8)(B)(i) shall be treated as a designated
beneficiary described in subclause (II).''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN CASES.
(a) In General.--Section 105(a)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended--
(1) in subparagraph (A)(iv), by inserting ``subject to
subparagraph (E),'' before ``may be delivered''; and
(2) by adding at the end the following:
``(E) Provision of paper statements.--With respect to at
least 1 pension benefit statement furnished for a calendar year
with respect to an individual account plan under paragraph
(1)(A), and with respect to at least 1 pension benefit
statement furnished every 3 calendar years with respect to a
defined benefit plan under paragraph (1)(B), such statement
shall be furnished on paper in written form except--
``(i) in the case of a plan that furnishes such
statement in accordance with section 2520.104b-1(c) of
title 29, Code of Federal Regulations; or
``(ii) in the case of a plan that permits a participant
or beneficiary to request that the statements referred to
in the matter preceding clause (i) be furnished by
electronic delivery, if the participant or beneficiary
requests that such statements be delivered electronically
and the statements are so delivered.''.
(b) Implementation.--
(1) In general.--The Secretary of Labor shall, not later than
December 31, 2024, update section 2520.104b-1(c) of title 29, Code
of Federal Regulations, to provide that a plan may furnish the
statements referred to in subparagraph (E) of section 105(a)(2) of
the Employee Retirement Income Security Act of 1974 by electronic
delivery only if, with respect to participants who first become
eligible to participate, and beneficiaries who first become
eligible for benefits, after December 31, 2025, in addition to
meeting the other requirements under the regulations such plan
furnishes each participant or beneficiary a one-time initial notice
on paper in written form, prior to the electronic delivery of any
pension benefit statement, of their right to request that all
documents required to be disclosed under title I of the Employee
Retirement Income Security Act of 1974 be furnished on paper in
written form.
(2) Other guidance.--In implementing the amendment made by
subsection (a) with respect to a plan that discloses required
documents or statements electronically, in accordance with
applicable guidance governing electronic disclosure by the
Department of Labor (with the exception of section 2520.104b-1(c)
of title 29, Code of Federal Regulations), the Secretary of Labor
shall, not later than December 31, 2024, update such guidance to
the extent necessary to ensure that--
(A) a participant or beneficiary under such a plan is
permitted the opportunity to request that any disclosure
required to be delivered on paper under applicable guidance by
the Department of Labor shall be furnished by electronic
delivery;
(B) each paper statement furnished under such a plan
pursuant to the amendment shall include--
(i) an explanation of how to request that all such
statements, and any other document required to be disclosed
under title I of the Employee Retirement Income Security
Act of 1974, be furnished by electronic delivery; and
(ii) contact information for the plan sponsor,
including a telephone number;
(C) the plan may not charge any fee to a participant or
beneficiary for the delivery of any paper statements;
(D) each document required to be disclosed that is
furnished by electronic delivery under such a plan shall
include an explanation of how to request that all such
documents be furnished on paper in written form; and
(E) a plan is permitted to furnish a duplicate electronic
statement in any case in which the plan furnishes a paper
pension benefit statement.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning after December 31, 2025.
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS
ORDERS.
(a) Amendment of Internal Revenue Code of 1986.--
(1) In general.--Clause (ii) of section 414(p)(1)(B) is amended
by inserting ``or Tribal'' after ``State''.
(2) Conforming amendment.--Subparagraph (B) of section
414(p)(1) is amended by adding at the end the following flush
sentence:
``For purposes of clause (ii), the term `Tribal' with respect
to a domestic relations law means such a law which is issued by
or under the laws of an Indian tribal government, a subdivision
of such an Indian tribal government, or an agency or
instrumentality of either.''.
(b) Amendment of Employee Retirement Income Security Act of 1974.--
(1) In general.--Section 206(d)(3)(B)(ii)(II) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1056(d)(3)(B)(ii)(II)) is amended by inserting ``or Tribal'' after
``State''.
(2) Conforming amendment.--Section 206(d)(3)(B) of such Act is
amended by adding at the end the following flush sentence:
``For purposes of clause (ii)(II), the term `Tribal' with
respect to a domestic relations law means such a law which is
issued by or under the laws of an Indian tribal government (as
defined in section 7701(a)(40) of the Internal Revenue Code of
1986), a subdivision of such an Indian tribal government, or an
agency or instrumentality of either.''.
(c) Effective Date.--The amendments made by this section shall
apply to domestic relations orders received by plan administrators
after December 31, 2022, including any such order which is submitted
for reconsideration after such date.
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.
Not later than 3 years after the date of enactment of this Act, the
Secretary of Labor shall--
(1) review section 2550.404a-5 of title 29, Code of Federal
Regulations (relating to fiduciary requirements for disclosure in
participant-directed individual account plans);
(2) explore, through a public request for information or
otherwise, how the contents and design of the disclosures described
in such section may be improved to enhance participants'
understanding of fees and expenses related to a defined
contribution plan (as defined in section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002)) as well as
the cumulative effect of such fees and expenses on retirement
savings over time; and
(3) report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of
the House of Representatives on the findings of the exploration
described in paragraph (2), including beneficial education for
consumers on financial literacy concepts as related to retirement
plan fees and recommendations for legislative changes needed to
address such findings.
SEC. 341. CONSOLIDATION OF DEFINED CONTRIBUTION PLAN NOTICES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Labor and the Secretary of the Treasury (or such
Secretaries' delegates) shall adopt regulations providing that a plan
(as defined in section 3 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002)) may, but is not required to, consolidate 2 or
more of the notices required under sections 404(c)(5)(B) and 514(e)(3)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) and sections 401(k)(12)(D),
401(k)(13)(E), and 414(w)(4) of the Internal Revenue Code of 1986 into
a single notice so long as the combined notice--
(1) includes the required content;
(2) clearly identifies the issues addressed therein;
(3) is furnished at the time and with the frequency required
for each such notice; and
(4) is presented in a manner that is reasonably calculated to
be understood by the average plan participant and that does not
obscure or fail to highlight the primary information required for
each notice.
This section shall not be interpreted as preventing the consolidation
of any other notices required under the Employee Retirement Income
Security Act of 1974, or Internal Revenue Code of 1986, to the extent
otherwise permitted by the Secretary of Labor or the Secretary of the
Treasury (or either such Secretary's delegate), as applicable.
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITIGATION.
(a) In General.--Part 1 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.), as
amended by the preceding provisions of this title, is amended by adding
at the end the following:
``SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT TO LUMP
SUMS.
``(a) In General.--A plan administrator of a pension plan that
amends the plan to provide a period of time during which a participant
or beneficiary may elect to receive a lump sum, instead of future
monthly payments, shall furnish notice--
``(1) to each participant or beneficiary offered such lump sum
amount, in the manner in which the participant and beneficiary
receives the lump sum offer from the plan sponsor, not later than
90 days prior to the first day on which the participant or
beneficiary may make an election with respect to such lump sum; and
``(2) to the Secretary and the Pension Benefit Guaranty
Corporation, not later than 30 days prior to the first day on which
participants and beneficiaries may make an election with respect to
such lump sum.
``(b) Notice to Participants and Beneficiaries.--
``(1) Content.--The notice required under subsection (a)(1)
shall include the following:
``(A) Available benefit options, including the estimated
monthly benefit that the participant or beneficiary would
receive at normal retirement age, whether there is a subsidized
early retirement option or qualified joint and survivor annuity
that is fully subsidized (in accordance with section 417(a)(5)
of the Internal Revenue Code of 1986, the monthly benefit
amount if payments begin immediately, and the lump sum amount
available if the participant or beneficiary takes the option.
``(B) An explanation of how the lump sum was calculated,
including the interest rate, mortality assumptions, and whether
any additional plan benefits were included in the lump sum,
such as early retirement subsidies.
``(C) In a manner consistent with the manner in which a
written explanation is required to be given under 417(a)(3) of
the Internal Revenue Code of 1986, the relative value of the
lump sum option for a terminated vested participant compared to
the value of--
``(i) the single life annuity, (or other standard form
of benefit); and
``(ii) the qualified joint and survivor annuity (as
defined in section 205(d)(1));
``(D) A statement that--
``(i) a commercial annuity comparable to the annuity
available from the plan may cost more than the amount of
the lump sum amount, and
``(ii) it may be advisable to consult an advisor
regarding this point if the participant or beneficiary is
considering purchasing a commercial annuity.
``(E) The potential ramifications of accepting the lump
sum, including longevity risks, loss of protections guaranteed
by the Pension Benefit Guaranty Corporation (with an
explanation of the monthly benefit amount that would be
protected by the Pension Benefit Guaranty Corporation if the
plan is terminated with insufficient assets to pay benefits),
loss of protection from creditors, loss of spousal protections,
and other protections under this Act that would be lost.
``(F) General tax rules related to accepting a lump sum,
including rollover options and early distribution penalties
with a disclaimer that the plan does not provide tax, legal, or
accounting advice, and a suggestion that participants and
beneficiaries consult with their own tax, legal, and accounting
advisors before determining whether to accept the offer.
``(G) How to accept or reject the offer, the deadline for
response, and whether a spouse is required to consent to the
election.
``(H) Contact information for the point of contact at the
plan administrator for participants and beneficiaries to get
more information or ask questions about the options.
``(2) Plain language.--The notice under this subsection shall
be written in a manner calculated to be understood by the average
plan participant.
``(3) Model notice.--The Secretary shall issue a model notice
for purposes of the notice under subsection (a)(1), including for
information required under subparagraphs (C) through (F) of
paragraph (1).
``(c) Notice to the Secretary and Pension Benefit Guaranty
Corporation.--The notice required under subsection (a)(2) shall include
the following:
``(1) The total number of participants and beneficiaries
eligible for such lump sum option.
``(2) The length of the limited period during which the lump
sum is offered.
``(3) An explanation of how the lump sum was calculated,
including the interest rate, mortality assumptions, and whether any
additional plan benefits were included in the lump sum, such as
early retirement subsidies.
``(4) A sample of the notice provided to participants and
beneficiaries under subsection (a)(1), if otherwise required.
``(d) Post-Offer Report to the Secretary and Pension Benefit
Guaranty Corporation.--Not later than 90 days after the conclusion of
the limited period during which participants and beneficiaries in a
plan may accept a plan's offer of a lump sum, a plan sponsor shall
submit a report to the Secretary and the Director of the Pension
Benefit Guaranty Corporation that includes the number of participants
and beneficiaries who accepted the lump sum offer and such other
information as the Secretary may require.
``(e) Public Availability.--The Secretary shall make the
information provided in the notice to the Secretary required under
subsection (a)(2) and in the post-offer reports submitted under
subsection (d) publicly available in a form that protects the
confidentiality of the information provided.
``(f) Biennial Report.--Not later than the last day of the second
calendar year after the calendar year including the applicability date
of the final rules under section 342(e) of the SECURE 2.0 Act of 2022,
and every 2 years thereafter, so long as the Secretary has received
notices and post-offer reports under subsections (c) and (d) of this
section, the Secretary shall submit to Congress a report that
summarizes such notices and post-offer reports during the applicable
reporting period. The applicable reporting period begins on the first
day of the second calendar year preceding the calendar year that the
report is submitted to Congress and ends on the last day of the
calendar year preceding the calendar year the report is due.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974, as amended by the
proceeding provisions of this title, is further amended by inserting
after the item relating to section 112 the following new item:
Sec. 113. Notice and disclosure requirements with respect to lump sum
windows.
(c) Enforcement.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended--
(1) in subsection (c)(1), by striking ``or section 105(a)'' and
inserting ``, section 105(a), or section 113(a)''; and
(2) in subsection (a)(4), by striking ``105(c)'' and inserting
``section 105(c) or 113(a)''.
(d) Application.--The requirements of section 113 of the Employee
Retirement Income Security Act of 1974, as added by subsection (b),
shall apply beginning on the applicable effective date specified in the
final regulations promulgated pursuant to subsection (e).
(e) Regulatory Authority.--Not earlier than 1 year after the date
of enactment of this Act, the Secretary of Labor, in consultation with
the Secretary of the Treasury, shall issue regulations to implement
section 113 of the Employee Retirement Income Security Act of 1974, as
added by subsection (a). Such regulations shall be applicable not
earlier than the issuance of a final rule and not later than 1 year
after issuance of a final rule.
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES.
(a) In General.--Section 101(f)(2)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021(f)(2)(B)) is amended--
(1) in clause (i)(I), by striking ``funding target attainment
percentage (as defined in section 303(d)(2))'' and inserting
``percentage of plan liabilities funded (as described in clause
(ii)(I)(bb))'';
(2) in clause (ii)(I)--
(A) by striking ``, a statement of'';
(B) by striking item (aa);
(C) by redesignating item (bb) as item (aa);
(D) in item (aa), as so redesignated--
(i) by inserting ``a statement of'' before ``the
value'',
(ii) by inserting ``, and for the preceding 2 plan
years as of the last day of each such plan year,'' before
``determined using'',
(iii) by striking ``and'' at the end; and
(E) by adding at the end the following:
``(bb) for purposes of the statement in
subparagraph (B)(i)(I), the percentage of plan
liabilities funded, calculated as the ratio between
the value of the plan's assets and liabilities, as
determined under item (aa), for the plan year to
which the notice relates and for the 2 preceding
plan years, and
``(cc) if the information in (aa) and (bb) is
presented in tabular form, a statement that
describes that in the event of a plan termination
the corporation's calculation of plan liabilities
may be greater and that references the section of
the notice with the information required under
clause (x), and'';
(3) in clause (ii)(II), by striking ``subclause (I)(bb)'' and
inserting ``subclause (I)(aa)'',
(4) in clause (iii), in the matter preceding subclause (I), by
inserting ``for the plan year to which the notice relates as of the
last day of such plan year and the preceding 2 plan years, in
tabular format,'' after ``participants'';
(5) in clause (iv)--
(A) by striking ``plan and the asset'' and inserting
``plan, the asset''; and
(B) by inserting ``, and the average return on assets for
the plan year,'' after ``assets)'';
(6) by redesignating clauses (ix) through (xi) as clause (x)
through (xii), respectively;
(7) by inserting after clause (viii) the following:
``(ix) in the case of a single-employer plan, a
statement as to whether the plan's funded status, based on
the plan's liabilities described under subclause (II) for
the plan year to which the notice relates, and for the 2
preceding plan years, is at least 100 percent (and, if not,
the actual percentages), that includes--
``(I) the plan's assets, as of the last day of the
plan year and for the 2 preceding plan years, as
determined under clause (ii)(I)(aa),
``(II) the plan's liabilities, as of the last day
of the plan year and for the 2 preceding plan years, as
determined under clause (ii)(1)(aa), and
``(III) the funded status of the plan, determined
as the ratio of the plan's assets and liabilities
calculated under subclauses (I) and (II), for the plan
year to which the notice relates, and for the 2
preceding plan years,''; and
(8) in clause (x), as so redesignated, by striking the comma at
the end and inserting the following: ``and a statement that, in the
case of a single-employer plan--
``(I) if plan assets are determined to be
sufficient to pay vested benefits that are not
guaranteed by the Pension Benefit Guaranty Corporation,
participants and beneficiaries may receive benefits in
excess of the guaranteed amount, and
``(II) such a determination generally uses
assumptions that result in a plan having a lower funded
status as compared to the plan's funded status
disclosed in this notice.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to plan years beginning after December 31, 2023.
SEC. 344. REPORT ON POOLED EMPLOYER PLANS.
The Secretary of Labor shall--
(1) conduct a study on the pooled employer plan (as such term
is defined in section 3(43) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(43))) industry, including on--
(A) the legal name and number of pooled employer plans;
(B) the number of participants in such plans;
(C) the range of investment options provided in such plans;
(D) the fees assessed in such plans;
(E) the manner in which employers select and monitor such
plans;
(F) the disclosures provided to participants in such plans;
(G) the number and nature of any enforcement actions by the
Secretary of Labor on such plans;
(H) the extent to which such plans have increased
retirement savings coverage in the United States; and
(I) any additional information as the Secretary determines
is necessary; and
(2) not later than 5 years after the date of enactment of this
Act, and every 5 years thereafter, submit to Congress and make
available on a publicly accessible website of the Department of
Labor, a report on the findings of the study under paragraph (1),
including recommendations on how pooled employer plans can be
improved, through legislation, to serve and protect retirement plan
participants.
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS.
(a) In General.--Section 202(a) of the Setting Every Community Up
for Retirement Enhancement Act of 2019 (Public Law 116-94; 26 U.S.C.
6058 note) is amended--
(1) by striking ``so that all members'' and inserting the
following: ``so that--
``(1) all members'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(2) any opinions required by section 103(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1023(a)(3)) shall relate only to each individual plan which would
otherwise be subject to the requirements of such section
103(a)(3).''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means a
program, designed to promote employee ownership, that exists on the
date on which the Secretary is carrying out a responsibility
authorized under this section.
(2) Initiative.--The term ``Initiative'' means the Employee
Ownership Initiative established under subsection (b).
(3) New program.--The term ``new program'' means a program,
designed to promote employee ownership, that does not exist on the
date on which the Secretary is carrying out a responsibility
authorized under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(5) State.--The term ``State'' has the meaning given the term
under section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(b) Employee Ownership Initiative.--
(1) Establishment.--The Secretary shall establish within the
Department of Labor an Employee Ownership Initiative to promote
employee ownership.
(2) Functions.--In carrying out the Initiative, the Secretary
shall--
(A) support within the States existing programs designed to
promote employee ownership; and
(B) facilitate within the States the formation of new
programs designed to promote employee ownership.
(3) Duties.--To carry out the functions enumerated in paragraph
(2), the Secretary shall support new programs and existing programs
by--
(A) making Federal grants authorized under subsection (d);
and
(B)(i) acting as a clearinghouse on techniques employed by
new programs and existing programs within the States, and
disseminating information relating to those techniques to the
programs; or
(ii) funding projects for information gathering on those
techniques, and dissemination of that information to the
programs, by groups outside the Department of Labor.
(4) Consultation with treasury.--The Secretary shall consult
with the Secretary of the Treasury, or the Secretary's delegate, in
the case of any employee ownership arrangements or structures the
administration and enforcement of which are within the jurisdiction
of the Department of the Treasury.
(c) Programs Regarding Employee Ownership.--
(1) Establishment of program.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall establish a
program to encourage new programs and existing programs within the
States to foster employee ownership throughout the United States.
(2) Purpose of program.--The purpose of the program established
under paragraph (1) is to encourage new and existing programs
within the States that focus on--
(A) providing education and outreach to inform employees
and employers about the possibilities and benefits of employee
ownership and business ownership succession planning, including
providing information about financial education, employee
teams, open-book management, and other tools that enable
employees to share ideas and information about how their
businesses can succeed;
(B) providing technical assistance to assist employee
efforts to become business owners, to enable employers and
employees to explore and assess the feasibility of transferring
full or partial ownership to employees, and to encourage
employees and employers to start new employee-owned businesses;
(C) training employees and employers with respect to
methods of employee participation in open-book management, work
teams, committees, and other approaches for seeking greater
employee input; and
(D) training other entities to apply for funding under this
subsection, to establish new programs, and to carry out program
activities.
(3) Program details.--The Secretary may include, in the program
established under paragraph (1), provisions that--
(A) in the case of activities described in paragraph
(2)(A)--
(i) target key groups, such as retiring business
owners, senior managers, labor organizations, trade
associations, community organizations, and economic
development organizations;
(ii) encourage cooperation in the organization of
workshops and conferences; and
(iii) prepare and distribute materials concerning
employee ownership, and business ownership succession
planning;
(B) in the case of activities described in paragraph
(2)(B)--
(i) provide preliminary technical assistance to
employee groups, managers, and retiring owners exploring
the possibility of employee ownership;
(ii) provide for the performance of preliminary
feasibility assessments;
(iii) assist in the funding of objective third-party
feasibility studies and preliminary business valuations,
and in selecting and monitoring professionals qualified to
conduct such studies; and
(iv) provide a data bank to help employees find legal,
financial, and technical advice in connection with business
ownership;
(C) in the case of activities described in paragraph
(2)(C)--
(i) provide for courses on employee participation; and
(ii) provide for the development and fostering of
networks of employee-owned companies to spread the use of
successful participation techniques; and
(D) in the case of training described in paragraph (2)(D)--
(i) provide for visits to existing programs by staff
from new programs receiving funding under this section; and
(ii) provide materials to be used for such training.
(4) Guidance.--The Secretary shall issue formal guidance, for--
(A) recipients of grants awarded under subsection (d) and
one-stop partners (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102)) affiliated
with the workforce development systems (as so defined) of the
States, proposing that programs and other activities funded
under this section be--
(i) proactive in encouraging actions and activities
that promote employee ownership of businesses; and
(ii) comprehensive in emphasizing both employee
ownership of businesses so as to increase productivity and
broaden capital ownership; and
(B) acceptable standards and procedures to establish good
faith fair market value for shares of a business to be acquired
by an employee stock ownership plan (as defined in section
407(d)(6) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1107(d)(6))).
The guidance under subparagraph (B) shall be prescribed in
consultation with the Secretary of the Treasury.
(d) Grants.--
(1) In general.--In carrying out the program established under
subsection (c), the Secretary may make grants for use in connection
with new programs and existing programs within a State for any of
the following activities:
(A) Education and outreach as provided in subsection
(c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers as
provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among employee-
owned firms.
(E) Training as provided in subsection (c)(2)(D) for new
programs provided by participants in existing programs
dedicated to the objectives of this section, except that, for
each fiscal year, the amount of the grants made for such
training shall not exceed 10 percent of the total amount of the
grants made under this section.
(2) Amounts and conditions.--The Secretary shall determine the
amount and any conditions for a grant made under this subsection.
The amount of the grant shall be subject to paragraph (6), and
shall reflect the capacity of the applicant for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit an
application under paragraph (3) on behalf of any local entity
consisting of a unit of State or local government, State-supported
institution of higher education, or nonprofit organization, meeting
the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to support or
establish a program pursuant to this section during any fiscal
year, the Secretary shall, in the subsequent fiscal years,
allow local entities described in paragraph (4) from that State
to make applications for grants under paragraph (3) on their
own initiative.
(B) Application screening.--Any State failing to support or
establish a program pursuant to this section during any fiscal
year may submit applications under paragraph (3) in the
subsequent fiscal years but may not screen applications by
local entities described in paragraph (4) before submitting the
applications to the Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2025, $300,000.
(B) For fiscal year 2026, $330,000.
(C) For fiscal year 2027, $363,000.
(D) For fiscal year 2028, $399,300.
(E) For fiscal year 2029, $439,200.
(7) Annual report.--For each year, each recipient of a grant
under this subsection shall submit to the Secretary a report
describing how grant funds allocated pursuant to this subsection
were expended during the 12-month period preceding the date of the
submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more
than 10 percent of the funds appropriated for a fiscal year to carry
out this section, for the purposes of conducting evaluations of the
grant programs identified in subsection (d) and to provide related
technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary shall
prepare and submit to Congress a report--
(1) on progress related to employee ownership in businesses in
the United States; and
(2) containing an analysis of critical costs and benefits of
activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated for
the purpose of making grants pursuant to subsection (d) the
following:
(A) For fiscal year 2025, $4,000,000.
(B) For fiscal year 2026, $7,000,000.
(C) For fiscal year 2027, $10,000,000.
(D) For fiscal year 2028, $13,000,000.
(E) For fiscal year 2029, $16,000,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative expenses
related to the Initiative--
(A) for fiscal year 2024, $200,000, and
(B) for each of fiscal years 2025 through 2029, an amount
not in excess of the lesser of--
(i) $350,000; or
(ii) 5.0 percent of the maximum amount available under
paragraph (1) for that fiscal year.
SEC. 347. REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF
INFLATION ON RETIREMENT SAVINGS.
The Secretary of Labor, in consultation with the Secretary of the
Treasury, shall--
(1) conduct a study on the impact of inflation on retirement
savings; and
(2) not later than 90 days after the date of enactment of this
Act, submit to Congress a report on the findings of the study.
SEC. 348. CASH BALANCE.
(a) Amendment of Internal Revenue Code of 1986.--Section 411(b) is
amended by adding at the end the following new paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1), in the case of an
applicable defined benefit plan (as defined in subsection
(a)(13)(C)) which provides variable interest crediting rates, the
interest crediting rate which is treated as in effect and as the
projected interest crediting rate shall be a reasonable projection
of such variable interest crediting rate, not to exceed 6
percent.''.
(b) Amendment of Employee Retirement Income Security Act of 1974.--
Section 204(b) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1060(b)) is amended by adding at the end the following new
paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1), in the case of an
applicable defined benefit plan (within the meaning of section
203(f)(3)) which provides variable interest crediting rates, the
interest crediting rate which is treated as in effect and as the
projected interest crediting rate shall be a reasonable projection
of such variable interest crediting rate, not to exceed 6
percent.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning after the date of enactment
of this Act.
SEC. 349. TERMINATION OF VARIABLE RATE PREMIUM INDEXING.
(a) In General.--Paragraph (8) of 4006(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is amended
by--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'';
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(viii) for plan years beginning after calendar year
2023, $52.'';
(2) in subparagraph (B), in the matter preceding clause (i), by
inserting ``and before 2024'' after ``2012'' ; and
(3) in subparagraph (D)(vii), by inserting ``and before 2024''
after ``2019''.
(b) Technical Amendment.--Clause (i) of section 4006(a)(3)(E) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(E)) is amended by striking ``subparagraph (H)'' and
inserting ``subparagraph (I)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE DEFERRAL
FAILURES.
(a) In General.--Section 414, as amended by the preceding
provisions of this Act, is further amended by adding at the end the
following new subsection:
``(cc) Correcting Automatic Contribution Errors.--
``(1) In general.--Any plan or arrangement shall not fail to be
treated as a plan described in sections 401(a), 403(b), 408, or
457(b), as applicable, solely by reason of a corrected error.
``(2) Corrected error defined.--For purposes of this
subsection, the term `corrected error' means a reasonable
administrative error--
``(A)(i) made in implementing an automatic enrollment or
automatic escalation feature with respect to an eligible
employee (or an affirmative election made by an eligible
employee covered by such feature), or
``(ii) made by failing to afford an eligible employee the
opportunity to make an affirmative election because such
employee was improperly excluded from the plan], and
``(B) that is corrected prospectively by implementing an
automatic enrollment or automatic escalation feature with
respect to an eligible employee (or an affirmative election
made by an eligible employee) determined in accordance with the
terms of an eligible automatic contribution arrangement (as
defined under subsection (w)(3)), provided that--
``(i) such implementation error is corrected not later
than--
``(I) the date of the first payment of compensation
made by the employer to the employee on or after the
last day of the 9\1/2\ month-period after the end of
the plan year during which such error with respect to
the employee first occurred, or
``(II) if earlier in the case of an employee who
notifies the plan sponsor of such error, the date of
the first payment of compensation made by the employer
to the employee on or after the last day of the month
following the month in which such notification was
made,
``(ii) in the case of an employee who would have been
entitled to additional matching contributions had any
missed elective deferral been made, the plan sponsor makes
a corrective allocation, not later than the deadline
specified by the Secretary in regulations or other guidance
prescribed under paragraph (3), of matching contributions
on behalf of the employee in an amount equal to the
additional matching contributions to which the employee
would have been so entitled (adjusted to account for
earnings had the missed elective deferrals been made).
``(iii) such implementation error is of a type which is
so corrected for all similarly situated participants in a
nondiscriminatory manner,
``(iv) notice of such error is given to the employee
not later than 45 days after the date on which correct
deferrals begin, and
``(v) the notice under clause (iv) satisfies such
regulations or other guidance as the Secretary prescribes
under paragraph (4).
Such correction may occur before or after the participant has
terminated employment and may occur without regard to whether the
error is identified by the Secretary.
``(3) No obligation for employer to restore missed elective
deferrals.--If the requirements of paragraph (2)(B) are satisfied,
the employer will not be required to provide eligible employees
with the missed amount of elective deferrals resulting from a
reasonable administrative error described in paragraph (2)(A)(i) or
(ii) through a qualified nonelective contribution, or otherwise.
``(4) Regulations and guidance for favorable correction
methods.--The Secretary shall by regulations or other guidance of
general applicability prescribe--
``(A) the deadline for making a corrective allocation of
matching contributions required by paragraph (2)(B)(ii),
``(B) the content of the notice required by paragraph
(2)(B)(iv),
``(C) the manner in which the amount of the corrective
allocation under paragraph (2)(B)(ii) is determined,
``(D) the manner of adjustment to account for earnings on
matching contributions under paragraph (2)(B)(ii), and
``(E) such other rules as are necessary to carry out the
purposes of the subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any errors with respect to which the date referred to
in section 414(cc) (as added by this section) is after December 31,
2023. Prior to the application of any regulations or other guidance
prescribed under paragraph (3) of section 414(cc) of the Internal
Revenue Code of 1986 (as added by this section), taxpayers may rely
upon their reasonable good faith interpretations of the provisions of
such section.
TITLE IV--TECHNICAL AMENDMENTS
SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP FOR
RETIREMENT ENHANCEMENT ACT OF 2019.
(a) Technical Amendments.--
(1) Amendments relating to section 103.--Section 401(m)(12) is
amended by striking ``and'' at the end of subparagraph (A), by
redesignating subparagraph (B) as subparagraph (C), and by
inserting after subparagraph (A) (as so amended) the following new
subparagraph:
``(B) meets the notice requirements of subsection
(k)(13)(E), and''.
(2) Amendments relating to section 112.--
(A) Section 401(k)(15)(B)(i)(II) is amended by striking
``subsection (m)(2)'' and inserting ``paragraphs (2), (11), and
(12) of subsection (m)''.
(B) Section 401(k)(15)(B)(iii) is amended by striking
``under the arrangement'' and inserting ``under the plan''.
(C) Section 401(k)(15)(B)(iv) is amended by striking
``section 410(a)(1)(A)(ii)'' and inserting ``paragraph
(2)(D)''.
(3) Amendment relating to section 116.--Section 4973(b) is
amended by adding at the end of the flush matter the following:
``Such term shall not include any designated nondeductible
contribution (as defined in subparagraph (C) of section 408(o)(2))
which does not exceed the nondeductible limit under subparagraph
(B) thereof by reason of an election under section 408(o)(5).''.
(b) Clerical Amendments.--
(1) Section 72(t)(2)(H)(vi)(IV) is amended by striking
``403(b)(7)(A)(ii)'' and inserting `` 403(b)(7)(A)(i)''.
(2) Section 401(k)(12)(G) is amended by striking ``the
requirements under subparagraph (A)(i)'' and inserting ``the
contribution requirements under subparagraph (B) or (C)''.
(3) Section 401(k)(13)(D)(iv) is amended by striking ``and
(F)'' and inserting ``and (G)''.
(4) Section 408(o)(5)(A) is amended by striking ``subsection
(b)'' and inserting ``section 219(b)''.
(5) Section 408A(c)(2)(A) is amended by striking ``(d)(1) or''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the section of the Setting Every Community Up
for Retirement Enhancement Act of 2019 to which the amendment relates.
TITLE V--ADMINISTRATIVE PROVISIONS
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any retirement plan or
contract amendment--
(1) such retirement plan or contract shall be treated as being
operated in accordance with the terms of the plan during the period
described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury (or the
Secretary's delegate), such retirement plan shall not fail to meet
the requirements of section 411(d)(6) of the Internal Revenue Code
of 1986 and section 204(g) of the Employee Retirement Income
Security Act of 1974 by reason of such amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment to
any retirement plan or annuity contract which is made--
(A) pursuant to any amendment made by this Act or pursuant
to any regulation issued by the Secretary of the Treasury or
the Secretary of Labor (or a delegate of either such Secretary)
under this Act; and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2025, or such later date as
the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986), or an applicable collectively
bargained plan, this paragraph shall be applied by substituting
``2027'' for ``2025''. For purposes of the preceding sentence, the
term ``applicable collectively bargained plan'' means a plan
maintained pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers ratified
before the date of enactment of this Act.
(2) Conditions.--This section shall not apply to any amendment
unless--
(A) during the period--
(i) beginning on the date the legislative or regulatory
amendment described in paragraph (1)(A) takes effect (or in
the case of a plan or contract amendment not required by
such legislative or regulatory amendment, the effective
date specified by the plan); and
(ii) ending on the date described in paragraph (1)(B)
(as modified by the second sentence of paragraph (1)) (or,
if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(B) such plan or contract amendment applies retroactively
for such period.
(c) Coordination With Other Provisions Relating to Plan
Amendments.--
(1) SECURE act.--Section 601(b)(1) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 is amended--
(A) by striking ``January 1, 2022'' in subparagraph (B) and
inserting ``January 1, 2025'', and
(B) by striking ``substituting `2024' for `2022'.'' in the
flush matter at the end and inserting ``substituting `2027' for
`2025'.''.
(2) CARES act.--
(A) Special rules for use of retirement funds.--Section
2202(c)(2)(A) of the CARES Act is amended by striking ``January
1, 2022'' in clause (ii) and inserting ``January 1, 2025''.
(B) Temporary waiver of required minimum distributions
rules for certain retirement plans and accounts.--Section
2203(c)(2)(B)(i) of the CARES Act is amended--
(i) by striking ``January 1, 2022'' in subclause (II)
and inserting ``January 1, 2025'', and
(ii) by striking ``substituting `2024' for `2022'.'' in
the flush matter at the end and inserting ``substituting
`2027' for `2025'.''.
(C) Taxpayer certainty and disaster tax relief act of
2020.--Section 302(d)(2)(A) of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020 is amended by striking
``January 1, 2022'' in clause (ii) and inserting ``January 1,
2025''.
TITLE VI--REVENUE PROVISIONS
SEC. 601. SIMPLE AND SEP ROTH IRAS.
(a) In General.--Section 408A is amended by striking subsection
(f).
(b) Rules Relating to Simplified Employee Pensions.--
(1) Contributions.--Section 402(h)(1) is amended by striking
``and'' at the end of subparagraph (A), by striking the period at
the end of subparagraph (B) and inserting ``, and'', and by adding
at the end the following new subparagraph:
``(C) in the case of any contributions pursuant to a
simplified employer pension which are made to an individual
retirement plan designated as a Roth IRA, such contribution
shall not be excludable from gross income.''.
(2) Distributions.--Section 402(h)(3) is amended by inserting
``(or section 408A(d) in the case of an individual retirement plan
designated as a Roth IRA)'' before the period at the end.
(3) Election required.--Section 408(k) is amended by
redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9),
and (10), respectively, and by inserting after paragraph (6) the
following new paragraph:
``(7) Roth contribution election.--An individual retirement
plan which is designated as a Roth IRA shall not be treated as a
simplified employee pension under this subsection unless the
employee elects for such plan to be so treated (at such time and in
such manner as the Secretary may provide).''.
(c) Rules Relating to Simple Retirement Accounts.--
(1) Election required.--Section 408(p), as amended by the
preceding provisions of this Act, is further amended by adding at
the end the following new paragraph:
``(12) Roth contribution election.--An individual retirement
plan which is designated as a Roth IRA shall not be treated as a
simple retirement account under this subsection unless the employee
elects for such plan to be so treated (at such time and in such
manner as the Secretary may provide).''.
(2) Rollovers.--Section 408A(e) is amended by adding at the end
the following new paragraph:
``(3) Simple retirement accounts.--In the case of any payment
or distribution out of a simple retirement account (as defined in
section 408(p)) with respect to which an election has been made
under section 408(p)(12) and to which 72(t)(6) applies, the term
`qualified rollover contribution' shall not include any payment or
distribution paid into an account other than another simple
retirement account (as so defined).''.
(d) Conforming Amendment.--Section 408A(d)(2)(B) is amended by
inserting ``, or employer in the case of a simple retirement account
(as defined in section 408(p)) or simplified employee pension (as
defined in section 408(k)),'' after ``individual's spouse''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.
(a) In General.--Section 403(b), as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new paragraph:
``(17) Special rules relating to hardship withdrawals.--For
purposes of paragraphs (7) and (11)--
``(A) Amounts which may be withdrawn.--The following
amounts may be distributed upon hardship of the employee:
``(i) Contributions made pursuant to a salary reduction
agreement (within the meaning of section 3121(a)(5)(D)).
``(ii) Qualified nonelective contributions (as defined
in section 401(m)(4)(C)).
``(iii) Qualified matching contributions described in
section 401(k)(3)(D)(ii)(I).
``(iv) Earnings on any contributions described in
clause (i), (ii), or (iii).
``(B) No requirement to take available loan.--A
distribution shall not be treated as failing to be made upon
the hardship of an employee solely because the employee does
not take any available loan under the plan.''.
(b) Conforming Amendments.--
(1) Section 403(b)(7)(A)(i)(V) is amended by striking ``in the
case of contributions made pursuant to a salary reduction agreement
(within the meaning of section 3121(a)(5)(D))'' and inserting
``subject to the provisions of paragraph (17)''.
(2) Paragraph (11) of section 403(b), as amended by this Act,
is further amended--
(A) by striking ``in'' in subparagraph (B) and inserting
``subject to the provisions of paragraph (17), in'', and
(B) by striking the second sentence.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2023.
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR
CONTRIBUTION LIMIT.
(a) Applicable Employer Plans.--Section 414(v) is amended by adding
at the end the following new paragraph:
``(7) Certain deferrals must be roth contributions.--
``(A) In general.--Except as provided in subparagraph (C),
in the case of an eligible participant whose wages (as defined
in section 3121(a)) for the preceding calendar year from the
employer sponsoring the plan exceed $145,000, paragraph (1)
shall apply only if any additional elective deferrals are
designated Roth contributions (as defined in section
402A(c)(1)) made pursuant to an employee election.
``(B) Roth option.--In the case of an applicable employer
plan with respect to which subparagraph (A) applies to any
participant for a plan year, paragraph (1) shall not apply to
the plan unless the plan provides that any eligible participant
may make the participant's additional elective deferrals as
designated Roth contributions.
``(C) Exception.--Subparagraph (A) shall not apply in the
case of an applicable employer plan described in paragraph
(6)(A)(iv).
``(D) Election to change deferrals.--The Secretary may
provide by regulations that an eligible participant may elect
to change the participant's election to make additional
elective deferrals if the participant's compensation is
determined to exceed the limitation under subparagraph (A)
after the election is made.
``(E) Cost of living adjustment.--In the case of a year
beginning after December 31, 2024, the Secretary shall adjust
annually the $145,000 amount in subparagraph (A) for increases
in the cost-of-living at the same time and in the same manner
as adjustments under 415(d); except that the base period taken
into account shall be the calendar quarter beginning July 1,
2023, and any increase under this subparagraph which is not a
multiple of $5,000 shall be rounded to the next lower multiple
of $5,000.''.
(b) Conforming Amendments.--
(1) Section 402(g)(1) is amended by striking subparagraph (C).
(2) Section 457(e)(18)(A)(ii) is amended by inserting ``the
lesser of any designated Roth contributions made by the participant
to the plan or'' before ``the applicable dollar amount''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NONELECTIVE
CONTRIBUTIONS AS ROTH CONTRIBUTIONS.
(a) In General.--Section 402A(a) is amended by redesignating
paragraph (2) as paragraph (4), by striking ``and'' at the end of
paragraph (1), and by inserting after paragraph (1) the following new
paragraphs:
``(2) any designated Roth contribution which pursuant to the
program is made by the employer on the employee's behalf on account
of the employee's contribution, elective deferral, or (subject to
the requirements of section 401(m)(13)) qualified student loan
payment shall be treated as a matching contribution for purposes of
this chapter, except that such contribution shall not be excludable
from gross income,
``(3) any designated Roth contribution which pursuant to the
program is made by the employer on the employee's behalf and which
is a nonelective contribution shall be nonforfeitable and shall not
be excludable from gross income, and''.
(b) Matching Included in Qualified Roth Contribution Program.--
Section 402A(b)(1) is amended--
(1) by inserting ``, or to have made on the employee's
behalf,'' after ``elect to make'', and
(2) by inserting ``, or of matching contributions or
nonelective contributions which may otherwise be made on the
employee's behalf,'' after ``otherwise eligible to make''.
(c) Designated Roth Matching Contributions.--Section 402A(c)(1) is
amended by inserting ``, matching contribution, or nonelective
contribution'' after ``elective deferral''.
(d) Matching Contribution Defined.--Section 402A(f), as
redesignated by this Act, is amended by adding at the end the
following:
``(3) Matching contribution.--The term `matching contribution'
means--
``(A) any matching contribution described in section
401(m)(4)(A), and
``(B) any contribution to an eligible deferred compensation
plan (as defined in section 457(b)) by an eligible employer
described in section 457(e)(1)(A) on behalf of an employee and
on account of such employee's elective deferral under such
plan,
but only if such contribution is nonforfeitable at the time
received.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 605. CHARITABLE CONSERVATION EASEMENTS.
(a) Limitation on Deduction.--
(1) In general.--Section 170(h) is amended by adding at the end
the following new paragraph:
``(7) Limitation on deduction for qualified conservation
contributions made by pass-through entities.--
``(A) In general.--A contribution by a partnership (whether
directly or as a distributive share of a contribution of
another partnership) shall not be treated as a qualified
conservation contribution for purposes of this section if the
amount of such contribution exceeds 2.5 times the sum of each
partner's relevant basis in such partnership.
``(B) Relevant basis.--For purposes of this paragraph--
``(i) In general.--The term `relevant basis' means,
with respect to any partner, the portion of such partner's
modified basis in the partnership which is allocable (under
rules similar to the rules of section 755) to the portion
of the real property with respect to which the contribution
described in subparagraph (A) is made.
``(ii) Modified basis.--The term `modified basis'
means, with respect to any partner, such partner's adjusted
basis in the partnership as determined--
``(I) immediately before the contribution described
in subparagraph (A),
``(II) without regard to section 752, and
``(III) by the partnership after taking into
account the adjustments described in subclauses (I) and
(II) and such other adjustments as the Secretary may
provide.
``(C) Exception for contributions outside 3-year holding
period.--Subparagraph (A) shall not apply to any contribution
which is made at least 3 years after the latest of--
``(i) the last date on which the partnership that made
such contribution acquired any portion of the real property
with respect to which such contribution is made,
``(ii) the last date on which any partner in the
partnership that made such contribution acquired any
interest in such partnership, and
``(iii) if the interest in the partnership that made
such contribution is held through 1 or more partnerships--
``(I) the last date on which any such partnership
acquired any interest in any other such partnership,
and
``(II) the last date on which any partner in any
such partnership acquired any interest in such
partnership.
``(D) Exception for family partnerships.--
``(i) In general.--Subparagraph (A) shall not apply
with respect to any contribution made by any partnership if
substantially all of the partnership interests in such
partnership are held, directly or indirectly, by an
individual and members of the family of such individual.
``(ii) Members of the family.--For purposes of this
subparagraph, the term `members of the family' means, with
respect to any individual--
``(I) the spouse of such individual, and
``(II) any individual who bears a relationship to
such individual which is described in subparagraphs (A)
through (G) of section 152(d)(2).
``(E) Exception for contributions to preserve certified
historic structures.--Subparagraph (A) shall not apply to any
qualified conservation contribution the conservation purpose of
which is the preservation of any building which is a certified
historic structure (as defined in paragraph (4)(C)).
``(F) Application to other pass-through entities.--Except
as may be otherwise provided by the Secretary, the rules of
this paragraph shall apply to S corporations and other pass-
through entities in the same manner as such rules apply to
partnerships.
``(G) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this paragraph,
including regulations or other guidance--
``(i) to require reporting, including reporting related
to tiered partnerships and the modified basis of partners,
and
``(ii) to prevent the avoidance of the purposes of this
paragraph.''.
(2) Application of accuracy-related penalties.--
(A) In general.--Section 6662(b) is amended by inserting
after paragraph (9) the following new paragraph:
``(10) Any disallowance of a deduction by reason of section
170(h)(7).''.
(B) Treatment as gross valuation misstatement.--Section
6662(h)(2) is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(D) any disallowance of a deduction described in
subsection (b)(10).''.
(C) No reasonable cause exception.--Section 6664(c)(2) is
amended by inserting ``or to any disallowance of a deduction
described in section 6662(b)(10)'' before the period at the
end.
(D) Approval of assessment not required.--Section
6751(b)(2)(A) is amended by striking ``subsection (b)(9)'' and
inserting ``paragraph (9) or (10) of subsection (b)''.
(3) Extension of statute of limitations for listed
transactions.--Any contribution with respect to which any deduction
was disallowed by reason of section 170(h)(7) of the Internal
Revenue Code of 1986 (as added by this subsection) shall be treated
for purposes of sections 6501(c)(10) and 6235(c)(6) of such Code as
a transaction specifically identified by the Secretary as a tax
avoidance transaction for purposes of section 6011 of such Code.
(b) Reporting Requirements.--Section 170(f) is amended by adding at
the end the following new paragraph:
``(19) Certain qualified conservation contributions.--
``(A) In general.--In the case of a qualified conservation
contribution to which this paragraph applies, no deduction
shall be allowed under subsection (a) for such contribution
unless the partnership making such contribution--
``(i) includes on its return for the taxable year in
which the contribution is made a statement that the
partnership made such a contribution, and
``(ii) provides such information about the contribution
as the Secretary may require.
``(B) Contributions to which this paragraph applies.--This
paragraph shall apply to any qualified conservation
contribution--
``(i) the conservation purpose of which is the
preservation of any building which is a certified historic
structure (as defined in subsection (h)(4)(C)),
``(ii) which is made by a partnership (whether directly
or as a distributive share of a contribution of another
partnership), and
``(iii) the amount of which exceeds 2.5 times the sum
of each partner's relevant basis (as defined in subsection
(h)(7)) in the partnership making the contribution.
``(C) Application to other pass-through entities.--Except
as may be otherwise provided by the Secretary, the rules of
this paragraph shall apply to S corporations and other pass-
through entities in the same manner as such rules apply to
partnerships.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
(2) No inference.--No inference is intended as to the
appropriate treatment of contributions made in taxable years ending
on or before the date specified in paragraph (1), or as to any
contribution for which a deduction is not disallowed by reason of
section 170(h)(7) of the Internal Revenue Code of 1986, as added by
this section.
(d) Safe Harbors and Opportunity for Donor to Correct Certain Deed
Errors.--
(1) In general.--The Secretary of the Treasury (or such
Secretary's delegate) shall, within 120 days after the date of the
enactment of this Act, publish safe harbor deed language for
extinguishment clauses and boundary line adjustments.
(2) Opportunity to correct.--
(A) In general.--During the 90-day period beginning on the
date of publication of the safe harbor deed language under
paragraph (1), a donor may amend an easement deed to substitute
the safe harbor language for the corresponding language in the
original deed if--
(i) the amended deed is signed by the donor and donee
and recorded within such 90-day period, and
(ii) such amendment is treated as effective as of the
date of the recording of the original easement deed.
(B) Exceptions.--Subparagraph (A) shall not apply to an
easement deed relating to any contribution--
(i) which--
(I) is part of a reportable transaction (as defined
in section 6707A(c)(1) of the Internal Revenue Code of
1986), or
(II) is described in Internal Revenue Service
Notice 2017-10,
(ii) which by reason of section 170(h)(7) of such Code,
as added by this section, is not treated as a qualified
conservation contribution,
(iii) if a deduction for such contribution under
section 170 of such Code has been disallowed by the
Secretary of the Treasury (or such Secretary's delegate),
and the donor is contesting such disallowance in a case
which is docketed in a Federal court on a date before the
date the amended deed is recorded by the donor, or
(iv) if a claimed deduction for such contribution under
section 170 of such Code resulted in an underpayment to
which a penalty under section 6662 or 6663 of such Code
applies and--
(I) such penalty has been finally determined
administratively, or
(II) if such penalty is challenged in court, the
judicial proceeding with respect to such penalty has
been concluded by a decision or judgment which has
become final.
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) Extension of transfers of excess pension assets to retiree
health accounts.--Paragraph (4) of section 420(b) is amended by
striking ``December 31, 2025'' and inserting ``December 31, 2032''.
(2) De minimis transfer rule.--
(A) In general.--Subsection (e) of section 420 is amended
by adding at the end the following new paragraph:
``(7) Special rule for de minimis transfers.--
``(A) In general.--In the case of a transfer of an amount
which is not more than 1.75 percent of the amount determined
under paragraph (2)(A) by a plan which meets the requirements
of subparagraph (B), paragraph (2)(B) shall be applied by
substituting `110 percent' for `125 percent'.
``(B) Two-year lookback requirement.--A plan is described
in this subparagraph if, as of any valuation date in each of
the 2 plan years immediately preceding the plan year in which
the transfer occurs, the amount determined under paragraph
(2)(A) exceeded 110 percent of the sum of the funding target
and the target normal cost determined under section 430 for
each such plan year.''.
(B) Cost maintenance period.--Subparagraph (D) of section
420(c)(3) is amended by striking ``5 taxable years'' and
inserting ``5 taxable years (7 taxable years in the case of a
transfer to which subsection (e)(7) applies)''.
(C) Conforming amendments.--
(i) Excess pension assets.--Clause (i) of section
420(f)(2)(B) is amended--
(I) by striking ``In general.--In'' and inserting
``In general.--
``(I) Determination.--In'',
(II) by striking ``subsection (e)(2)'' and
inserting ``subsection (e)(2)(B)'', and
(III) by adding at the end the following new
subclause:
``(II) Special rule for collectively bargained
transfers.--In determining excess pension assets for
purposes of a collectively bargained transfer,
subsection (e)(7) shall not apply.''.
(ii) Minimum cost.--Subclause (I) of section
420(f)(2)(D)(i) is amended by striking ``4th year'' and
inserting ``4th year (the 6th year in the case of a
transfer to which subsection (e)(7) applies)''.
(b) Extension of Transfers of Excess Pension Assets to Retiree
Health Accounts Under Employee Retirement Income Security Act of
1974.--
(1) Definitions.--Section 101(e)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by
striking ``(as in effect on the date of the enactment of the
Surface Transportation and Veterans Health Care Choice Improvement
Act of 2015)'' and inserting ``(as in effect on the date of
enactment of the SECURE 2.0 Act of 2022)''.
(2) Use of assets.--Section 403(c)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) is
amended by striking ``(as in effect on the date of the enactment of
the Surface Transportation and Veterans Health Care Choice
Improvement Act of 2015)'' and inserting ``(as in effect on the
date of enactment of the SECURE 2.0 Act of 2022)''.
(3) Exemption.--Section 408(b)(13) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)(13)) is amended--
(A) by striking ``January 1, 2026'' and inserting ``January
1, 2033''; and
(B) by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
TITLE VII--TAX COURT RETIREMENT PROVISIONS
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
(a) Thrift Savings Plan Contributions for Judges in the Federal
Employees Retirement System.--
(1) In general.--Subsection (j)(3)(B) of section 7447 is
amended to read as follows:
``(B) Contributions for benefit of judge.--No contributions
under section 8432(c) of title 5, United States Code, shall be
made for the benefit of a judge who has filed an election to
receive retired pay under subsection (e).''.
(2) Offset.--Paragraph (3) of section 7447(j) is amended by
adding at the end the following new subparagraph:
``(F) Offset.--In the case of a judge who receives a
distribution from the Thrift Savings Plan and who later
receives retired pay under subsection (d), the retired pay
shall be offset by an amount equal to the amount of the
distribution which represents the Government's contribution to
the individual's Thrift Savings Account during years of service
as a full-time judicial officer under the Federal Employees
Retirement System, without regard to earnings attributable to
such amount. Where such an offset would exceed 50 percent of
the retired pay to be received in the first year, the offset
may be divided equally over the first 2 years in which the
individual receives the annuity.''.
(3) Effective date.--The amendments made by this subsection
shall apply to basic pay earned while serving as a judge of the
United States Tax Court on or after the date of the enactment of
this Act.
(b) Change in Vesting Period for Survivor Annuities and Waiver of
Vesting Period in the Event of Assassination.--
(1) Eligibility in case of death.--Subsection (h) of section
7448 is amended to read as follows:
``(h) Entitlement to Annuity.--
``(1) In general.--
``(A) Annuity to surviving spouse.--If a judge or special
trial judge described in paragraph (2) is survived by a
surviving spouse but not by a dependent child, there shall be
paid to such surviving spouse an annuity beginning with the day
of the death of the judge or special trial judge or following
the surviving spouse's attainment of age 50, whichever is the
later, in an amount computed as provided in subsection (m).
``(B) Annuity to surviving spouse and child.--If a judge or
special trial judge described in paragraph (2) is survived by a
surviving spouse and dependent child or children, there shall
be paid to such surviving spouse an annuity, beginning on the
day of the death of the judge or special trial judge, in an
amount computed as provided in subsection (m), and there shall
also be paid to or on behalf of each such child an immediate
annuity equal to the lesser of--
``(i) 10 percent of the average annual salary of such
judge or special trial judge (determined in accordance with
subsection (m)), or
``(ii) 20 percent of such average annual salary,
divided by the number of such children.
``(C) Annuity to surviving dependent children.--If a judge
or special trial judge described in paragraph (2) leaves no
surviving spouse but leaves a surviving dependent child or
children, there shall be paid to or on behalf of each such
child an immediate annuity equal to the lesser of--
``(i) 20 percent of the average annual salary of such
judge or special trial judge (determined in accordance with
subsection (m)), or
``(ii) 40 percent of such average annual salary divided
by the number of such children.
``(2) Covered judges.--Paragraph (1) applies to any judge or
special trial judge electing under subsection (b)--
``(A) who dies while a judge or special trial judge after
having rendered at least 18 months of civilian service computed
as prescribed in subsection (n), for the last 18 months of
which the salary deductions provided for by subsection (c)(1)
or the deposits required by subsection (d) have actually been
made or the salary deductions required by the civil service
retirement laws have actually been made, or
``(B) who dies by assassination after having rendered less
than 18 months of civilian service computed as prescribed in
subsection (n) if, for the period of such service, the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made.
``(3) Termination of annuity.--
``(A) Surviving spouse.--The annuity payable to a surviving
spouse under this subsection shall be terminable upon such
surviving spouse's death or such surviving spouse's remarriage
before attaining age 55.
``(B) Surviving child.--Any annuity payable to a child
under this subsection shall be terminable upon the earliest
of--
``(i) the child's attainment of age 18,
``(ii) the child's marriage, or
``(iii) the child's death,
except that if such child is incapable of self-support by
reason of mental or physical disability the child's annuity
shall be terminable only upon death, marriage, or recovery from
such disability.
``(C) Dependent child after death of surviving spouse.--In
case of the death of a surviving spouse of a judge or special
trial judge leaving a dependent child or children of the judge
or special trial judge surviving such spouse, the annuity of
such child or children shall be recomputed and paid as provided
in paragraph (1)(C).
``(D) Recomputation with respect to other dependent
children.--In any case in which the annuity of a dependent
child is terminated under this subsection, the annuities of any
remaining dependent child or children based upon the service of
the same judge or special trial judge shall be recomputed and
paid as though the child whose annuity was so terminated had
not survived such judge.
``(E) Special rule for assassinated judges.--In the case of
a survivor of a judge or special trial judge described in
paragraph (2)(B), there shall be deducted from the annuities
otherwise payable under this section an amount equal to the
amount of salary deductions that would have been made if such
deductions had been made for 18 months prior to the death of
the judge or special trial judge.''.
(2) Definition of assassination.--Section 7448(a) is amended by
adding at the end the following new paragraph:
``(10) The terms `assassinated' and `assassination' mean the
killing of a judge or special trial judge that is motivated by the
performance by the judge or special trial judge of his or her
official duties.''.
(3) Determination of assassination.--Subsection (i) of section
7448 is amended--
(A) by striking ``of Dependency and Disability.--
Questions'' and inserting ``by Chief Judge.--
``(1) Dependency and disability.--Questions'', and
(B) by adding at the end the following new paragraph:
``(2) Assassination.--The chief judge shall determine whether
the killing of a judge or special trial judge was an assassination,
subject to review only by the Tax Court. The head of any Federal
agency that investigates the killing of a judge or special trial
judge shall provide to the chief judge any information that would
assist the chief judge in making such a determination.''.
(4) Computation of annuities.--Section 7448(m) is amended to
read as follows:
``(m) Computation of Annuities.--The annuity of the surviving
spouse of a judge or special trial judge electing under subsection (b)
shall be an amount equal to the sum of--
``(1) the product of--
``(A) 1.5 percent of the average annual salary (whether
judge's or special trial judge's salary or compensation for
other allowable service) received by such judge or special
trial judge--
``(i) for judicial service (including periods in which
he received retired pay under section 7447(d), section
7447A(d), or any annuity under chapter 83 or 84 of title 5,
United States Code) or for any other prior allowable
service during the period of 3 consecutive years in which
such judge or special trial judge received the largest such
average annual salary, or
``(ii) in the case of a judge or special trial judge
who has served less than 3 years, during the total period
of such service prior to such judge's or special trial
judge's death, multiplied by the sum of, multiplied by
``(B) the sum of--
``(i) the judge's or special trial judge's years of
such judicial service,
``(ii) the judge's or special trial judge's years of
prior allowable service as a Senator, Representative,
Delegate, or Resident Commissioner in Congress,
``(iii) the judge's or special trial judge's years of
prior allowable service performed as a member of the Armed
Forces of the United States, and
``(iv) the judge's or special trial judge's years, not
exceeding 15, of prior allowable service performed as a
congressional employee (as defined in section 2107 of title
5 of the United States Code), plus
``(2) three-fourths of 1 percent of such average annual salary
multiplied by the judge's years of any other prior allowable
service,
except that such annuity shall not exceed an amount equal to 50 percent
of such average annual salary, nor be less than an amount equal to 25
percent of such average annual salary, and shall be further reduced in
accordance with subsection (d) (if applicable). In determining the
period of 3 consecutive years referred to in the preceding sentence,
there may not be taken into account any period for which an election
under section 7447(f)(4) is in effect.''.
(5) Other benefits.--Section 7448 is amended by adding at the
end the following new subsection:
``(u) Other Benefits in Case of Assassination.--In the case of a
judge or special trial judge who is assassinated, an annuity shall be
paid under this section notwithstanding a survivor's eligibility for or
receipt of benefits under chapter 81 of title 5, United States Code,
except that the annuity for which a surviving spouse is eligible under
this section shall be reduced to the extent that the total benefits
paid under this section and chapter 81 of that title for any year would
exceed the current salary for that year of the office of the judge or
special trial judge.''.
(c) Coordination of Retirement and Survivor Annuity With the
Federal Employees Retirement System.--
(1) Retirement.--Section 7447 is amended--
(A) by striking ``section 8331(8)'' in subsection (g)(2)(C)
and inserting ``sections 8331(8) and 8401(19)'', and
(B) by striking ``Civil Service Commission'' both places it
appears in subsection (i)(2) and inserting ``Office of
Personnel Management''.
(2) Annuities to surviving spouses and dependent children.--
Section 7448 is amended--
(A) by striking ``section 8332'' in subsection (d) and
inserting ``sections 8332 and 8411'', and
(B) by striking ``section 8332'' in subsection (n) and
inserting ``sections 8332 and 8411''.
(d) Limit on Teaching Compensation of Retired Judges.--
(1) In general.--Section 7447 is amended by adding at the end
the following new subsection:
``(k) Teaching Compensation of Retired Judges.--For purposes of the
limitation under section 501(a) of the Ethics in Government Act of 1978
(5 U.S.C. App.), any compensation for teaching approved under section
502(a)(5) of such Act shall not be treated as outside earned income
when received by a judge of the United States Tax Court who has retired
under subsection (b) for teaching performed during any calendar year
for which such a judge has met the requirements of subsection (c), as
certified by the chief judge, or has retired under subsection
(b)(4).''.
(2) Effective date.--The amendment made by this subsection
shall apply to any individual serving as a retired judge of the
United States Tax Court on or after the date of the enactment of
this Act.
(e) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect on the date of the enactment of
this Act.
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE TAX
COURT.
(a) Retirement and Recall for Special Trial Judges.--Part I of
subchapter C of chapter 76 is amended by inserting after section 7447
the following new section:
``SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES.
``(a) In General.--
``(1) Retirement.--Any special trial judge appointed pursuant
to section 7443A may retire from service as a special trial judge
if the individual meets the age and service requirements set forth
in the following table:
------------------------------------------------------------------------
And the years of service as a
``If the special trial judge has attained special trial judge are at
age: least:
------------------------------------------------------------------------
65 15
66 14
67 13
68 12
69 11
70 10.
------------------------------------------------------------------------
``(2) Length of service.--In making any determination of length
of service as a special trial judge there shall be included all
periods (whether or not consecutive) during which an individual
served as a special trial judge
``(b) Retirement Upon Disability.--Any special trial judge
appointed pursuant to section 7443A who becomes permanently disabled
from performing such individual's duties shall retire from service as a
special trial judge.
``(c) Recalling of Retired Special Trial Judges.--Any individual
who has retired pursuant to subsection (a) may be called upon by the
chief judge to perform such judicial duties with the Tax Court as may
be requested of such individual for a period or periods specified by
the chief judge, except that in the case of any such individual--
``(1) the aggregate of such periods in any 1 calendar year
shall not (without the consent of such individual) exceed 90
calendar days, and
``(2) such individual shall be relieved of performing such
duties during any period in which illness or disability precludes
the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties
pursuant to this subsection shall have the same force and effect as if
it were the act (or failure to act) of a special trial judge. Any
individual who is performing judicial duties pursuant to this
subsection shall be paid the same compensation (in lieu of retired pay)
and allowances for travel and other expenses as a special trial judge.
``(d) Retired Pay.--
``(1) In general.--Any individual who retires pursuant to
subsection (a) and elects under subsection (e) to receive retired
pay under this subsection shall receive retired pay during any
period of retirement from service as a special trial judge at a
rate which bears the same ratio to the rate of the salary payable
to a special trial judge during such period as--
``(A) the number of years such individual has served as
special trial judge bears to,
``(B) 15,
except that the rate of such retired pay shall not be more than the
rate of such salary for such period.
``(2) Retirement upon disability.--Any individual who retires
pursuant to subsection (b) and elects under subsection (e) to
receive retired pay under this subsection shall receive retired pay
during any period of retirement from service as a special trial
judge--
``(A) at a rate equal to the rate of the salary payable to
a special trial judge during such period, if the individual had
at least 10 years of service as a special trial judge before
retirement, and
``(B) at a rate equal to \1/2\ the rate described in
subparagraph (A), if the individual had fewer than 10 years of
service as a special trial judge before retirement.
``(3) Beginning date and payment.--Retired pay under this
subsection shall begin to accrue on the day following the date on
which the individual's salary as a special trial judge ceases to
accrue, and shall continue to accrue during the remainder of such
individual's life. Retired pay under this subsection shall be paid
in the same manner as the salary of a special trial judge.
``(4) Partial years.--In computing the rate of the retired pay
for an individual to whom paragraph (1) applies, any portion of the
aggregate number of years such individual has served as a special
trial judge which is a fractional part of 1 year shall be
eliminated if it is less than 6 months, or shall be counted as a
full year if it is 6 months or more.
``(5) Recalled service.--In computing the rate of the retired
pay for an individual to whom paragraph (1) applies, any period
during which such individual performs services under subsection (c)
on a substantially full-time basis shall be treated as a period
during which such individual has served as a special trial judge.
``(e) Election to Receive Retired Pay.--Any special trial judge may
elect to receive retired pay under subsection (d). Such an election--
``(1) may be made only while an individual is a special trial
judge (except that in the case of an individual who fails to be
reappointed as a special trial judge, such election may be made
within 60 days after such individual leaves office as a special
trial judge),
``(2) once made, shall be irrevocable, and
``(3) shall be made by filing notice thereof in writing with
the chief judge.
The chief judge shall transmit to the Office of Personnel Management a
copy of each notice filed with the chief judge under this subsection.
``(f) Other Rules Made Applicable.--The rules of subsections (f),
(g), (h)(2), (i), and (j), and the first sentence of subsection (h)(1),
of section 7447 shall apply to a special trial judge in the same manner
as a judge of the Tax Court. For purposes of the preceding sentence,
any reference to the President in such subsections shall be applied as
if it were a reference to the chief judge.''.
(b) Conforming Amendments.--
(1) Section 3121(b)(5)(E) is amended by inserting ``or special
trial judge'' before ``of the United States Tax Court''.
(2) Section 7448(b)(2) is amended to read as follows:
``(2) Special trial judges.--Any special trial judge may by
written election filed with the chief judge elect the application
of this section. Such election shall be filed while such individual
is a special trial judge.''.
(3) Section 210(a)(5)(E) of the Social Security Act (42 U.S.C.
410(a)(5)(E)) is amended by inserting ``or special trial judge''
before ``of the United States Tax Court''.
(c) Clerical Amendment.--The table of sections for part I of
subchapter C of chapter 76 is amended by inserting after the item
relating to section 7447 the following new item:
``Sec. 7447A. Retirement for special trial judges.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that section
7447A(e) of the Internal Revenue Code of 1986 (as added by this
section) shall take effect on the date that is 180 days after such date
of enactment. Special trial judges retiring on or after the date of the
enactment of this Act, and before the date that is 180 days after the
date of such enactment, may file an election under such section not
later than 60 days after such date.
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
SEC. 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 2022
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
Sec. 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 Employees
Sec. 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 Providers
Chapter 1--Wait Times for Care
Sec. 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 Care
Sec. 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 Program
Sec. 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 Care
Sec. 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 Telehealth
Sec. 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 Veterans
Sec. 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 Program
Sec. 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 Matters
Sec. 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 Care
Sec. 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 Matters
Sec. 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 MATTERS
Subtitle A--Benefits Generally
Sec. 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--Education
Sec. 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 Act
Sec. 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 Enhancement
Sec. 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 Act
Sec. 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 MATTERS
Sec. 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 MATTERS
Sec. 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.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
SEC. 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.
(a) In General.--Section 1710(a)(2)(E) of title 38, United States
Code, is amended by striking ``of the Mexican border period or of World
War I;'' and inserting ``of--
``(i) the Mexican border period;
``(ii) World War I; or
``(iii) World War II;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on March 31, 2023.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND RESEARCH OF
PROSTATE CANCER.
(a) Findings.--Congress makes the following findings:
(1) Prostate cancer is the number one cancer diagnosed in the
Veterans Health Administration.
(2) A 1996 report published by the National Academy of
Sciences, Engineering, and Medicine established a link between
prostate cancer and exposure to herbicides, such as Agent Orange.
(3) It is essential to acknowledge that due to these
circumstances, certain veterans are made aware that they are high-
risk individuals when it comes to the potential to develop prostate
cancer.
(4) In being designated as ``high risk'', it is essential that
veterans are proactive in seeking earlier preventative clinical
services for the early detection and successful treatment of
prostate cancer, whether that be through the Veterans Health
Administration or through a community provider.
(5) Clinical preventative services and initial detection are
some of the most important components in the early detection of
prostate cancer for veterans at high risk of prostate cancer.
(6) For veterans with prostate cancer, including prostate
cancer that has metastasized, precision oncology, including
biomarker-driven clinical trials and innovations underway through
the Prostate Cancer Foundation and Department of Veterans Affairs
partnership, represents one of the most promising areas of
interventions, treatments, and cures for such veterans and their
families.
(b) Establishment of Clinical Pathway.--
(1) In general.--Not later than 365 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish an interdisciplinary clinical pathway for all stages of
prostate cancer, from early detection to end of life care. The
clinical pathway shall be established in the National Surgery
Office of the Department of Veterans Affairs in close collaboration
with the National Program Office of Oncology, the Office of
Research and Development, and other relevant entities of the
Department, including Primary Care.
(2) Elements.--The national clinical pathway established under
this subsection shall include the following elements:
(A) A diagnosis pathway for prostate cancer that includes
early screening and diagnosis protocol, including screening
recommendations for veterans with evidence-based risk factors.
(B) A treatment pathway that details the respective roles
of each office of the Department that will interact with
veterans receiving prostate cancer care, including treatment
protocol recommendations for veterans with evidence-based risk
factors.
(C) Treatment recommendations for all stages of prostate
cancer that reflect nationally recognized standards for
oncology, including National Comprehensive Cancer Network
guidelines. xt>
(D) A suggested protocol timeframe for each point of care,
from early screening to treatment and end-of-life care, based
on severity and stage of cancer.
(E) A plan that includes, as appropriate, both Department
medical facilities and community-based partners and providers
and research centers specializing in prostate cancer,
especially such centers that have entered into partnerships
with the Department.
(3) Collaboration and coordination.--In establishing the
clinical pathway required under this section, the Secretary may
collaborate and coordinate with--
(A) the National Institutes of Health;
(B) the National Cancer Institute;
(C) the National Institute on Minority Health and Health
Disparities;
(D) the Centers for Disease Control and Prevention;
(E) the Centers for Medicare and Medicaid Services;
(F) the Patient-Centered Outcomes Research Institute;
(G) the Food and Drug Administration;
(H) the Department of Defense; and
(I) other Institutes and Centers as the Secretary
determines necessary.
(4) Consultation requirement.--In establishing the clinical
pathway required under this section, the Secretary shall consult
with, and incorporate feedback from, veterans who have received
prostate cancer care at Department medical facilities as well as
experts in multi-disciplinary cancer care and clinical research.
(5) Publication.--The Secretary shall--
(A) publish the clinical pathway established under this
subsection on a publicly available Department website; and
(B) update the clinical pathway as needed by review of the
medical literature and available evidence-based guidelines at
least annually, in accordance with the criteria under paragraph
(2).
(c) Development of Comprehensive Prostate Cancer Program and
Implementation of the Prostate Cancer Clinical Pathway.--
(1) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
plan to establish a prostate cancer program using the comprehensive
prostate cancer clinical pathway developed under subsection (b).
(2) Program requirements.--The comprehensive prostate cancer
program shall--
(A) receive direct oversight from the Deputy Undersecretary
for Health of the Department of Veterans Affairs;
(B) include a yearly program implementation evaluation to
facilitate replication for other disease states or in other
healthcare institutions;
(C) be metric driven and include the development of
biannual reports on the quality of prostate cancer care, which
shall be provided to the leadership of the Department, medical
centers, and providers and made publicly available in an
electronic form; and
(D) include an education plan for patients and providers.
(3) Program implementation evaluation.--The Secretary shall
establish a program evaluation tool to learn best practices and to
inform the Department and Congress regarding further use of the
disease specific model of care delivery.
(4) Prostate cancer research.--The Secretary shall submit to
Congress a plan that provides for continual funding through the
Office of Research and Development of the Department of Veterans
for supporting prostate cancer research designed to position the
Department as a national resource for prostate cancer detection and
treatment. Such plan shall--
(A) include details regarding the funding of and
coordination between the National Precision Oncology Program of
the Department and the PCF-VA Precision Oncology Centers of
Excellence as related to the requirements of this Act; and
(B) affirm that no funding included in such funding plan is
duplicative in nature.
(d) Report on National Registry.--The Secretary of Veterans Affairs
shall submit to Congress a report on the barriers and challenges
associated with creating a national prostate cancer registry. Such
report shall include recommendations for centralizing data about
veterans with prostate cancer for the purpose of improving outcomes and
serving as a resource for providers.
(e) Definitions.--In this section:
(1) Clinical pathway.--The term ``clinical pathway'' means a
health care management tool designed around research and evidence-
backed practices that provides direction for the clinical care and
treatment of a specific episode of a condition or ailment.
(2) Evidence-based risk factors.--The term ``evidence-based
risk factors'' includes race, ethnicity, socioeconomic status,
geographic location, exposure risks, genetic risks, including
family history, and such other factors as the Secretary determines
appropriate.
Subtitle B--Health Care Employees
SEC. 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.
(a) Third Party Review.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract or other agreement with an organization that
is not part of the Federal Government to conduct a clinical review
for quality management of hospital care or medical services
furnished by covered providers.
(2) Qualifications.--The Secretary shall ensure that each
review of a covered provider under this subsection is performed by
an individual who is licensed in the same specialty as the covered
provider.
(b) Notice to Patients Treated by Covered Providers.--With respect
to hospital care or medical services furnished by a covered provider
under the laws administered by the Secretary, if a clinical review for
quality management under subsection (a) determines that the standard of
care was not met during an episode of care, the Secretary shall notify
the individual who received such care or services from the covered
provider as described in applicable policy of the Veterans Heath
Administration.
(c) Definitions.--In this section:
(1) Covered provider.--The term ``covered provider'' means an
individual who--
(A) was appointed to the Veterans Health Administration
under section 7401 of title 38, United States Code; and
(B) before such appointment, had a license terminated for
cause by a State licensing board for hospital care or medical
services provided in a facility that is not a facility of the
Veterans Health Administration.
(2) Hospital care or medical services.--The terms ``hospital
care'' and ``medical services'' have the meanings given those terms
in section 1701 of title 38, United States Code.
SEC. 112. COMPLIANCE WITH REQUIREMENTS FOR EXAMINING QUALIFICATIONS
AND CLINICAL ABILITIES OF HEALTH CARE PROFESSIONALS OF DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Subchapter I of chapter 74 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7414. Compliance with requirements for examining qualifications
and clinical abilities of health care professionals
``(a) Compliance With Credentialing Requirements.--The Secretary
shall ensure that each medical center of the Department, in a
consistent manner--
``(1) compiles, verifies, and reviews documentation for each
health care professional of the Department at such medical center
regarding, at a minimum--
``(A) the professional licensure, certification, or
registration of the health care professional;
``(B) whether the health care professional holds a Drug
Enforcement Administration registration; and
``(C) the education, training, experience, malpractice
history, and clinical competence of the health care
professional; and
``(2) continuously monitors any changes to the matters under
paragraph (1), including with respect to suspensions, restrictions,
limitations, probations, denials, revocations, and other changes,
relating to the failure of a health care professional to meet
generally accepted standards of clinical practice in a manner that
presents reasonable concern for the safety of patients.
``(b) Registration Regarding Controlled Substances.--(1) Except as
provided in paragraph (2), the Secretary shall ensure that each covered
health care professional holds an active Drug Enforcement
Administration registration.
``(2) The Secretary shall--
``(A) determine the circumstances in which a medical center of
the Department must obtain a waiver under section 302(d) of the
Controlled Substances Act (21 U.S.C. 822(d)) with respect to
covered health care professionals; and
``(B) establish a process for medical centers to request such
waivers.
``(3) In carrying out paragraph (1), the Secretary shall ensure
that each medical center of the Department monitors the Drug
Enforcement Administration registrations of covered health care
professionals at such medical center in a manner that ensures the
medical center is made aware of any change in status in the
registration by not later than seven days after such change in status.
``(4) If a covered health care professional does not hold an active
Drug Enforcement Administration registration, the Secretary shall carry
out any of the following actions, as the Secretary determines
appropriate:
``(A) Obtain a waiver pursuant to paragraph (2).
``(B) Transfer the health care professional to a position that
does not require prescribing, dispensing, administering, or
conducting research with controlled substances.
``(C) Take appropriate actions under subchapter V of this
chapter, with respect to an employee of the Department, or take
appropriate contract administration actions, with respect to a
contractor of the Department.
``(c) Reviews of Concerns Relating to Quality of Clinical Care.--
(1) The Secretary shall ensure that each medical center of the
Department, in a consistent manner, carries out--
``(A) ongoing, retrospective, and comprehensive monitoring of
the performance and quality of the health care delivered by each
health care professional of the Department located at the medical
center, including with respect to the safety of such care; and
``(B) timely and documented reviews of such care if an
individual notifies the Secretary of any potential concerns
relating to a failure of a health care professional of the
Department to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(2) The Secretary shall establish a policy to carry out paragraph
(1), including with respect to--
``(A) determining the period by which a medical center of the
Department must initiate the review of a concern described in
subparagraph (B) of such paragraph following the date on which the
concern is received; and
``(B) ensuring the compliance of each medical center with such
policy.
``(d) Compliance With Requirements for Reporting Quality of Care
Concerns.--If the Secretary substantiates a concern relating to the
clinical competency of, or quality of care delivered by, a health care
professional of the Department (including a former health care
professional of the Department), the Secretary shall ensure that the
appropriate medical center of the Department timely notifies the
following entities of such concern, as appropriate:
``(1) The appropriate licensing, registration, or certification
body in each State in which the health care professional is
licensed, registered, or certified.
``(2) The Drug Enforcement Administration.
``(3) The National Practitioner Data Bank established pursuant
to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101
et seq.).
``(4) Any other relevant entity.
``(e) Prohibition on Certain Settlement Agreement Terms.--(1) The
Secretary may not enter into a settlement agreement relating to an
adverse action against a health care professional of the Department if
such agreement includes terms that require the Secretary to conceal
from the personnel file of the employee a serious medical error or
lapse in clinical practice that constitutes a substantial failure to
meet generally accepted standards of clinical practice as to raise
reasonable concern for the safety of patients.
``(2) Nothing in paragraph (1) limits--
``(A) the right of an employee to appeal a quality of care
determination; or
``(B) the rights of an employee under sections 1214 and 1221 of
title 5.
``(f) Training.--Not less frequently than annually, the Secretary
shall provide mandatory training on the following duties to employees
of the Department who are responsible for performing such duties:
``(1) Compiling, validating, or reviewing the credentials of
health care professionals of the Department.
``(2) Reviewing the quality of clinical care delivered by
health care professionals of the Department.
``(3) Taking adverse privileging actions or making
determinations relating to other disciplinary actions or employment
actions against health care professionals of the Department for
reasons relating to the failure of a health care professional to
meet generally accepted standards of clinical practice in a manner
that presents reasonable concern for the safety of patients.
``(4) Making notifications under subsection (d).
``(g) Definitions.--In this section:
``(1) The term `controlled substance' has the meaning given
that term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
``(2) The term `covered health care professional' means an
individual employed in a position as a health care professional of
the Department, or a contractor of the Department, that requires
the individual to be authorized to prescribe, dispense, administer,
or conduct research with, controlled substances.
``(3) The term `Drug Enforcement Administration registration'
means registration with the Drug Enforcement Administration under
section 303 of the Controlled Substances Act (21 U.S.C. 823) 302 of
the Controlled Substances Act (21 U.S.C. 822) by health care
practitioners authorized to dispense, prescribe, administer, or
conduct research with, controlled substances.
``(4) The term `health care professional of the Department'
means an individual working for the Department in a position
described in section 7401 of this title, including a contractor of
the Department serving in such a position.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7413 the following new item:
``7414. Compliance with requirements for examining qualifications and
clinical abilities of health care professionals.''.
(c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall commence the implementation of section 7414 of title 38, United
States Code, as added by subsection (a), by the following dates:
(1) With respect to subsections (a), (c)(2), (d), and (f) of
such section, not later than 180 days after the date of the
enactment of this Act.
(2) With respect to subsection (c)(1) of such section, not
later than one year after the date of the enactment of this Act.
(3) With respect to subsection (b)(2) of such section, not
later than 18 months after the date of the enactment of this Act.
(d) Audits and Reports.--
(1) Audits.--
(A) In general.--The Secretary of Veterans Affairs shall
carry out annual audits of the compliance of medical centers of
the Department of Veterans Affairs with the matters required by
section 7414 of title 38, United States Code, as added by
subsection (a).
(B) Conduct of audits.--In carrying out audits under
subparagraph (A), the Secretary--
(i) may not authorize the medical center being audited
to conduct the audit; and
(ii) may enter into an agreement with another
department or agency of the Federal Government or a
nongovernmental entity to conduct such audits.
(2) Reports.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five
years, the Secretary of Veterans Affairs shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the audits conducted under paragraph (1).
(B) Elements.--Each report submitted under subparagraph (A)
shall include a summary of the compliance by each medical
center of the Department of Veterans Affairs with the matters
required by section 7414 of title 38, United States Code, as
added by subsection (a).
(C) Initial report.--The Secretary shall include in the
first report submitted under subparagraph (A) the following:
(i) A description of the progress made by the Secretary
in implementing section 7414 of title 38, United States
Code, as added by subsection (a), including any matters
under such section that the Secretary has not fully
implemented.
(ii) An analysis of the feasibility, advisability, and
cost of requiring credentialing employees of the Department
to be trained by an outside entity and to maintain a
credentialing certification.
(e) Report on Updates to Policy of the Department of Veterans
Affairs for Reporting Patient Safety Concerns to Appropriate State and
Other Entities.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the efforts of the Department of Veterans Affairs to
update policies and practices for employees of medical centers of
the Department, Veterans Integrated Service Networks, and the
Veterans Health Administration to report to State licensing boards,
the National Practitioner Data Bank established pursuant to the
Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et
seq.), and any other relevant entity health care professionals who
are employed by or separated from employment with the Department
and whose behavior and clinical practice so substantially failed to
meet generally accepted standards of clinical practice as to raise
reasonable concern for the safety of patients.
(2) Consultation.--The report required by paragraph (1) shall
include a description of the efforts of the Department to consult
with--
(A) State licensing boards;
(B) the Centers for Medicare & Medicaid Services;
(C) the National Practitioner Data Bank; and
(D) the exclusive representative of employees of the
Department appointed under section 7401(1) of title 38, United
States Code.
Subtitle C--Care From Non-Department of Veterans Affairs Providers
CHAPTER 1--WAIT TIMES FOR CARE
SEC. 121. CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY
UNDER VETERANS COMMUNITY CARE PROGRAM.
Section 1703(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In determining under paragraph (1)(D) whether the Department
is able to furnish care or services in a manner that complies with
designated access standards developed by the Secretary under section
1703B of this title, for purposes of calculating a wait time for a
veteran to schedule an appointment at a medical facility of the
Department, the Secretary shall measure from the date of request for
the appointment, unless a later date has been agreed to by the veteran
in consultation with a health care provider of the Department, to the
first next available appointment date relevant to the requested medical
service.''.
SEC. 122. PLAN REGARDING INFORMING VETERANS OF EXPECTED WAIT TIMES
FOR APPOINTMENTS FOR CARE.
(a) In General.--Not later than October 1, 2023, the Secretary of
Veterans Affairs shall develop a plan to ensure that veterans eligible
for care or services pursuant to section 1703(d)(1) of title 38, United
States Code, including veterans making their own appointments using
advanced technology, are informed of the expected number of days
between the date on which the veteran requested care until--
(1) the date on which the veteran will be able to receive care
through a non-Department of Veterans Affairs provider under such
section;
(2) the date on which the veteran will be able to receive care
through a provider of the Department;
(3) the date on which--
(A) the Department will schedule an appointment for care
through a non-Department provider under such section; or
(B) for veterans making their own appointments using
advanced technology, the veteran would be able to schedule an
appointment for care through a provider of the Department or
through a non-Department provider under such section;
(4) the date on which the Department will schedule an
appointment for care through a provider of the Department.
(b) Implementation.--The Secretary shall implement the plan
required under subsection (a) not later than three years after the date
of the enactment of this Act.
(c) Matters To Be Included.--The Secretary shall include in the
plan required under subsection (a) a list of the information technology
systems, contracting mechanisms, staff, legislative authorities, pilot
programs, and other components that the Secretary determines necessary
to implement the plan within the three-year implementation deadline
under subsection (b), as well as their associated milestones and
resource requirements.
(d) Updates.--Not less frequently than quarterly, the Secretary
shall brief the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives and
submit to those committees a report in writing regarding the status of
the implementation of the plan required under subsection (a), to
include an assessment of the progress of the Secretary in meeting the
three-year implementation deadline under subsection (b).
CHAPTER 2--IMPROVEMENT OF PROVISION OF CARE
SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED
THROUGH COMMUNITY CARE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Access Standards.--Section 1703B of title 38, United States
Code, is amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f)(1) Subject to paragraph (3), the Secretary shall meet the
access standards established under subsection (a) when furnishing
hospital care, medical services, or extended care services to a covered
veteran under section 1703 of this title and shall ensure that meeting
such access standards is reflected in the contractual requirements of
Third Party Administrators.
``(2) The Secretary shall ensure that health care providers
specified under section 1703(c) of this title are able to comply with
the access standards established under subsection (a) for such
providers.
``(3)(A) A Third Party Administrator may request a waiver to the
requirement under this subsection to meet the access standards
established under subsection (a) if--
``(i)(I) the scarcity of available providers or facilities in
the region precludes the Third Party Administrator from meeting
those access standards; or
``(II) the landscape of providers or facilities has changed,
and certain providers or facilities are not available such that the
Third Party Administrator is not able to meet those access
standards; and
``(ii) to address the scarcity of available providers or the
change in the provider or facility landscape, as the case may be,
the Third Party Administrator has contracted with other providers
or facilities that may not meet those access standards but are the
currently available providers or facilities most accessible to
veterans within the region of responsibility of the Third Party
Administrator.
``(B) Any waiver requested by a Third Party Administrator under
subparagraph (A) must be requested in writing and submitted to the
Office of Integrated Veteran Care of the Department for approval by
that office.
``(C) As part of any waiver request under subparagraph (A), a Third
Party Administrator must include conclusive evidence and documentation
that the access standards established under subsection (a) cannot be
met because of scarcity of available providers or changes to the
landscape of providers or facilities.
``(D) In evaluating a waiver request under subparagraph (A), the
Secretary shall consider the following:
``(i) The number and geographic distribution of eligible health
care providers available within the geographic area and specialty
referenced in the waiver request.
``(ii) The prevailing market conditions within the geographic
area and specialty referenced in the waiver request, which shall
include the number and distribution of health care providers
contracting with other health care plans (including commercial
plans and the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.)) operating in the geographic
area and specialty referenced in the waiver request.
``(iii) Whether the service area is comprised of highly rural,
rural, or urban areas or some combination of such areas.
``(iv) How significantly the waiver request differs from the
access standards established under subsection (a).
``(v) The rates offered to providers in the geographic area
covered by the waiver.
``(E) The Secretary shall not consider inability to contract as a
valid sole rationale for granting a waiver under subparagraph (A).
``(g)(1) The Secretary shall publish in the Federal Register and on
a publicly available internet website of the Department the designated
access standards established under this section for purposes of section
1703(d)(1)(D) of this title.
``(2) The Secretary shall publish on a publicly available internet
website of the Department the access standards established under
subsection (a).''; and
(2) in subsection (i), by adding at the end the following new
paragraphs:
``(3) The term `inability to contract', with respect to a Third
Party Administrator, means the inability of the Third Party
Administrator to successfully negotiate and establish a community
care network contract with a provider or facility.
``(4) The term `Third Party Administrator' means an entity that
manages a provider network and performs administrative services
related to such network within the Veterans Community Care Program
under section 1703 of this title.''.
(b) Prevention of Suspension of Veterans Community Care Program.--
Section 1703(a) of such title is amended by adding at the end the
following new paragraph:
``(4) Nothing in this section shall be construed to authorize the
Secretary to suspend the program established under paragraph (1).''.
SEC. 126. STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE CASE
OF THE REALIGNMENT OF A MEDICAL FACILITY OF THE DEPARTMENT.
(a) Sense of Congress.--It is the sense of Congress that the
Veterans Health Administration should ensure that veterans do not
experience a lapse of care when transitioning in receiving care due to
the realignment of a medical facility of the Department of Veterans
Affairs.
(b) Development of Strategic Plan.--
(1) In general.--The Secretary of Veterans Affairs, acting
through the Office of Integrated Veteran Care, the Chief Strategy
Office, the Office of Asset Enterprise Management, or any successor
office that has similar and related functions, shall develop and
periodically update a strategic plan to ensure continuity of health
care through care furnished at a facility of the Department or
through the Community Care Program for veterans impacted by the
realignment of a medical facility of the Department.
(2) Elements.--The strategic plan required under paragraph (1)
shall include, at a minimum, the following:
(A) An assessment of the progress of the Department in
identifying impending realignments of medical facilities of the
Department and the impact of such realignments on access of
veterans to care, including any impact on the network of health
care providers under the Community Care Program.
(B) The progress of the Department in establishing operated
sites of care and related activities to address the impact of
such a realignment.
(C) An outline of collaborative actions and processes the
Department can take to address potential gaps in health care
created by such a realignment, including actions and processes
to be taken by the Office of Integrated Veteran Care, the Chief
Strategy Office, and the Office of Asset Enterprise Management
of the Department.
(D) A description of how the Department can identify to
Third Party Administrators changes in the catchment areas of
medical facilities to be realigned and develop a process with
Third Party Administrators to strengthen provider coverage in
advance of such realignments.
(3) Submittal to congress.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary for Health
of the Department shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives the plan developed under paragraph (1).
(c) Definitions.--In this section:
(1) Community care program.--The term ``Community Care
Program'' means the Veterans Community Care Program under section
1703 of title 38, United States Code.
(2) Realignment.--The term ``realignment'', with respect to a
facility of the Department of Veterans Affairs, includes--
(A) any action that changes the number of facilities or
relocates services, functions, or personnel positions; and
(B) strategic collaborations between the Department and
non-Federal Government entities, including tribal organizations
and Urban Indian Organizations.
(3) Third party administrator.--The term ``Third Party
Administrator'' means an entity that manages a provider network and
performs administrative services related to such network within the
Veterans Community Care Program under section 1703 of title 38,
United States Code.
(4) Tribal organization.--The term ``tribal organization'' has
the meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Urban indian organization.--The term ``Urban Indian
Organization'' has the meaning given that term in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603).
CHAPTER 3--COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM
SEC. 131. DEFINITIONS.
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Covered veteran.--The term ``covered veteran'' means a
covered veteran under section 1703(b) of title 38, United States
Code.
(3) Pilot program.--The term ``pilot program'' means the pilot
program required under section 132(a).
(4) Veterans community care program.--The term ``Veterans
Community Care Program'' means the program to furnish hospital
care, medical services, and extended care services to covered
veterans under section 1703 of title 38, United States Code.
SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY CARE APPOINTMENT
SELF-SCHEDULING TECHNOLOGY.
(a) Pilot Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot program under which covered veterans eligible for hospital
care, medical services, or extended care services under subsection
(d)(1) of section 1703 of title 38, United States Code, may use a
technology that has the capabilities specified in section 133(a) to
schedule and confirm medical appointments with health care providers
participating in the Veterans Community Care Program.
(b) Expansion or Development of New Technology.--In carrying out
the pilot program, the Secretary may expand capabilities of an existing
appointment self-scheduling technology of the Department of Veterans
Affairs or purchase a new appointment self-scheduling technology.
(c) Competition.--In contracting for the expansion of capabilities
of an existing appointment self-scheduling technology of the Department
or the purchase of a new appointment self-scheduling technology under
the pilot program, the Secretary shall comply with section 3301 of
title 41, United States Code, and award any such contract not later
than 270 days after the date of the enactment of this Act.
(d) Selection of Locations.--The Secretary shall select not fewer
than two Veterans Integrated Services Networks of the Department in
which to carry out the pilot program.
(e) Duration of Pilot Program.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall carry out the pilot program for an 18-month period.
(2) Extension.--The Secretary may extend the duration of the
pilot program and may expand the selection of Veterans Integrated
Services Networks under subsection (d) if the Secretary determines
that the pilot program is reducing the wait times of veterans
seeking hospital care, medical services, or extended care services
under the Veterans Community Care Program.
(f) Outreach.--The Secretary shall ensure that veterans
participating in the Veterans Community Care Program in Veterans
Integrated Services Networks in which the pilot program is being
carried out are informed about the pilot program.
SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES.
(a) In General.--The Secretary of Veterans Affairs shall ensure
that the appointment self-scheduling technology used in the pilot
program includes the following capabilities:
(1) Capability to self-schedule, modify, and cancel
appointments directly online for primary care, specialty care, and
mental health care under the Veterans Community Care Program with
regard to each category of eligibility under section 1703(d)(1) of
title 38, United States Code.
(2) Capability to support appointments for the provision of
health care under the Veterans Community Care Program regardless of
whether such care is provided in person or through telehealth
services.
(3) Not fewer than two of the following capabilities:
(A) Capability to view appointment availability in real
time to the extent practicable.
(B) Capability to load relevant patient information from
the Decision Support Tool of the Department or any other
information technology system of the Department used to
determine the eligibility of veterans for health care under
section 1703(d)(1) of title 38, United States Code.
(C) Capability to search for providers and facilities
participating in the Veterans Community Care Program based on
distance from the residential address of a veteran.
(D) Capability to filter provider results by clinical
expertise, ratings, reviews, sex, languages spoken, and other
criteria as determined by the Secretary.
(E) Capability to provide telephonic and electronic contact
information for all such providers that do not offer online
scheduling at the time.
(F) Capability to store and print authorization letters for
veterans for health care under the Veterans Community Care
Program.
(G) Capability to provide prompts or reminders to veterans
to schedule initial appointments or follow-up appointments.
(H) Capability to be used 24 hours per day, seven days per
week.
(I) Capability to ensure veterans who self-schedule
appointments through the appointment self-scheduling technology
have scheduled such appointment with a provider possessing the
required specialty and clinical expertise.
(J) Capability to integrate with the Veterans Health
Information Systems and Technology Architecture of the
Department and the health record deployed by the Electronic
Health Record Modernization program, or any successor
information technology system or health record of the
Department.
(K) Capability to integrate with information technology
systems of Third Party Administrators.
(b) Independent Validation and Verification.--
(1) In general.--The Comptroller General of the United States
shall evaluate whether the appointment self-scheduling technology
used in the pilot program includes the capabilities required under
subsection (a) and successfully performs such capabilities.
(2) Briefing.--Not later than 30 days after the date on which
the Comptroller General completes the evaluation under paragraph
(1), the Comptroller General shall brief the appropriate
congressional committees on such evaluation.
(c) Certification.--Not later than 18 months after commencement of
the pilot program, the Secretary shall certify to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives whether the appointment self-scheduling
technology used in the pilot program and any other patient self-
scheduling technology developed or used by the Department of Veterans
Affairs to schedule appointments under the Veterans Community Care
Program as of the date of the certification includes the capabilities
required under subsection (a).
(d) Third Party Administrator Defined.--In this section, the term
``Third Party Administrator'' means an entity that manages a provider
network and performs administrative services related to such network
within the Veterans Community Care Program under section 1703 of title
38, United States Code.
SEC. 134. REPORT.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of Veterans Affairs
shall submit to the appropriate congressional committees a report that
includes--
(1) an assessment by the Secretary of the pilot program during
the 180-day period preceding the date of the report, including--
(A) the cost of the pilot program;
(B) the volume of usage of the appointment self-scheduling
technology under the pilot program;
(C) the quality of the pilot program;
(D) patient satisfaction with the pilot program;
(E) benefits to veterans of using the pilot program;
(F) the feasibility of allowing self-scheduling for
different specialties under the pilot program;
(G) participation in the pilot program by health care
providers under the Veterans Community Care Program; and
(H) such other findings and conclusions with respect to the
pilot program as the Secretary considers appropriate; and
(2) such recommendations as the Secretary considers appropriate
regarding--
(A) extension of the pilot program to other or all Veterans
Integrated Service Networks of the Department of Veterans
Affairs; and
(B) making the pilot program permanent.
CHAPTER 4--ADMINISTRATION OF NON-DEPARTMENT CARE
SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF
NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SERVICES.
(a) Credentialing Verification Requirements.--
(1) In general.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703E the
following new section:
``Sec. 1703F. Credentialing verification requirements for providers of
non-Department health care services
``(a) In General.--The Secretary shall ensure that Third Party
Administrators and credentials verification organizations comply with
the requirements specified in subsection (b) to help ensure certain
health care providers are excluded from providing non-Department health
care services.
``(b) Requirements Specified.--The Secretary shall require Third
Party Administrators and credentials verification organizations to
carry out the following:
``(1) Hold and maintain an active credential verification
accreditation from a national health care accreditation body.
``(2) Conduct initial verification of provider history and
license sanctions for all States and United States territories for
a period of time--
``(A) that includes the period before the provider began
providing non-Department health care services; and
``(B) dating back not less than 10 years.
``(3) Not less frequently than every three years, perform
recredentialing, including verifying provider history and license
sanctions for all States and United States territories.
``(4) Implement continuous monitoring of each provider through
the National Practitioner Data Bank established pursuant to the
Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et
seq.).
``(5) Perform other forms of credentialing verification as the
Secretary considers appropriate.
``(c) Definitions.--In this section:
``(1) The term `credentials verification organization' means an
entity that manages the provider credentialing process and performs
credentialing verification for non-Department providers that
participate in the Veterans Community Care Program under section
1703 of this title through a Veterans Care Agreement.
``(2) The term `Third Party Administrator' means an entity that
manages a provider network and performs administrative services
related to such network within the Veterans Community Care Program
under section 1703 of this title.
``(3) The term `Veterans Care Agreement' means an agreement for
non-Department health care services entered into under section
1703A of this title.
``(4) The term `non-Department health care services' means
services--
``(A) provided under this subchapter at non-Department
facilities (as defined in section 1701 of this title);
``(B) provided under section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note);
``(C) purchased through the Medical Community Care account
of the Department; or
``(D) purchased with amounts deposited in the Veterans
Choice Fund under section 802 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C.
1701 note).''.
(2) Clerical amendment.--The table of sections at the beginning
of such subchapter is amended by inserting after the item relating
to section 1703E the following new item:
``1703F. Credentialing verification requirements for providers of non-
Department health care services.''.
(b) Deadline for Implementation.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall commence the implementation of section 1703F of title 38, United
States Code, as added by subsection (a)(1).
SEC. 142. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS
FOR EMERGENCY TREATMENT FURNISHED TO VETERANS.
(a) Treatment for Non-Service-Connected Disabilities.--
(1) In general.--Section 1725 of title 38, United States Code,
is amended--
(A) by redesignating subsection (f) as subsection (h); and
(B) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Submittal of Claims for Direct Payment.--An individual or
entity seeking payment under subsection (a)(2) for treatment provided
to a veteran in lieu of reimbursement to the veteran shall submit a
claim for such payment not later than 180 days after the latest date on
which such treatment was provided.
``(g) Hold Harmless.--No veteran described in subsection (b) may be
held liable for payment for emergency treatment described in such
subsection if--
``(1) a claim for direct payment was submitted by an individual
or entity under subsection (f); and
``(2) such claim was submitted after the deadline established
by such subsection due to--
``(A) an administrative error made by the individual or
entity, such as submission of the claim to the wrong Federal
agency, under the wrong reimbursement authority (such as
section 1728 of this title), or submission of the claim after
the deadline; or
``(B) an administrative error made by the Department, such
as misplacement of a paper claim or deletion of an electronic
claim.''.
(b) Treatment for and in Connection With Service-Connected
Disabilities.--Section 1728 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) No veteran described in subsection (a) may be held liable for
payment for emergency treatment described in such subsection if--
``(1) a claim for direct payment was submitted by an individual
or entity under subsection (b)(2); and
``(2) such claim was submitted after a deadline established by
the Secretary for purposes of this section due to--
``(A) an administrative error made by the individual or
entity, such as submission of the claim to the wrong Federal
agency or submission of the claim after the deadline; or
``(B) an administrative error made by the Department, such
as misplacement of a paper claim or deletion of an electronic
claim.''.
(c) Conforming Amendments.--Such title is amended--
(1) in section 1705A(d), by striking ``section 1725(f)'' and
inserting ``section 1725(h)'';
(2) in section 1725(b)(3)(B), by striking ``subsection
(f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B) or
(h)(2)(C)'';
(3) in section 1728(d), as redesignated by subsection (b)(4),
by striking ``section 1725(f)(1)'' and inserting ``section
1725(h)(1)'';
(4) in section 1781(a)(4), by striking ``section 1725(f)'' and
inserting ``section 1725(h)''; and
(5) in section 1787(b)(3), by striking ``section 1725(f)'' and
inserting ``section 1725(h)''.
SEC. 143. PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT
OF VETERANS AFFAIRS PROVIDERS.
(a) In General.--The Secretary of Veterans Affairs shall publish on
one or more publicly available internet websites of the Department of
Veterans Affairs, including the main internet website regarding
emergency care authorization for non-Department providers, the
following information:
(1) A summary table or similar resource that provides a list of
all authorities of the Department to authorize emergency care from
non-Department providers and, for each such authority, the
corresponding deadline for submission of claims.
(2) An illustrated summary of steps, such as a process map,
with a checklist for the submission of clean claims that non-
Department providers can follow to assure compliance with the
claims-filing process of the Department.
(3) Contact information for the appropriate office or service
line of the Department to address process questions from non-
Department providers.
(b) Periodic Review.--Not less frequently than once every 180 days,
the Secretary shall review the information published under subsection
(a) to ensure that such information is current.
(c) Clean Claims Defined.--In this section, the term ``clean
claims'' means clean electronic claims and clean paper claims (as those
terms are defined in section 1703D(i) of title 38, United States Code).
SEC. 144. INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE NON-
DEPARTMENT OF VETERANS AFFAIRS CARE.
Section 108 of the VA MISSION Act of 2018 (Public Law 115-182; 38
U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Application.--The requirement to deny or revoke the
eligibility of a health care provider to provide non-Department health
care services to veterans under subsection (a) shall apply to any
removal under paragraph (1) of such subsection or violation under
paragraph (2) of such subsection that occurred on or after a date
determined by the Secretary that is not less than five years before the
date of the enactment of this Act.''.
Subtitle D--Improvement of Rural Health and Telehealth
SEC. 151. ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR OFFICE OF
CONNECTED CARE OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The COVID-19 pandemic caused the Department of Veterans
Affairs to exponentially increase telehealth and virtual care
modalities, including VA Video Connect, to deliver health care
services to veteran patients.
(2) Between January 2020 and January 2021, the number of
telehealth appointments offered by the Department increased by
1,831 percent.
(3) The Department maintains strategic partnerships, such as
the Digital Divide Consult, with a goal of ensuring veterans who
reside in rural, highly rural, or medically underserved areas have
access to high-quality telehealth services offered by the
Department.
(4) As of 2019, veterans who reside in rural and highly rural
areas make up approximately \1/3\ \\ of veteran enrollees in the
patient enrollment system, and are on average, older than their
veteran peers in urban areas, experience higher degrees of
financial instability, and live with a greater number of complex
health needs and comorbidities.
(5) The Federal Communications Commission estimated in 2020
that 15 percent of veteran households do not have an internet
connection.
(6) Under the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136), Congress granted the Department
additional authority to enter into short-term agreements or
contracts with private sector telecommunications companies to
provide certain broadband services for the purposes of providing
expanded mental health services to isolated veterans through
telehealth or VA Video Connect during a public health emergency.
(7) The authority described in paragraph (6) was not utilized
to the fullest extent by the Department.
(8) Though the Department has made significant progress in
expanding telehealth services offered to veterans who are enrolled
in the patient enrollment system, significant gaps still exist to
ensure all veterans receive equal and high-quality access to
virtual care.
(9) Questions regarding the efficacy of using telehealth for
certain health care services and specialties remain, and should be
further studied.
(10) The Department continues to expand telehealth and virtual
care offerings for primary care, mental health care, specialty
care, urgent care, and even remote intensive care units.
(b) Sense of Congress.--It is the sense of Congress that the
telehealth services offered by the Department of Veterans Affairs
should be routinely measured and evaluated to ensure the telehealth
technologies and modalities delivered to veteran patients to treat a
wide variety of health conditions are as effective as in-person
treatment for primary care, mental health care, and other forms of
specialty care.
(c) Development of Strategic Plan.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, acting
through the Office of Connected Care of the Department of Veterans
Affairs, shall develop a strategic plan to ensure the effectiveness
of the telehealth technologies and modalities delivered by the
Department to veterans who are enrolled in the patient enrollment
system.
(2) Update.--
(A) In general.--The Secretary shall update the strategic
plan required under paragraph (1) not less frequently than once
every three years following development of the plan.
(B) Consultation.--The Secretary shall prepare any update
required under subparagraph (A) in consultation with the
following:
(i) The Chief Officer of the Office of Connected Care
of the Department.
(ii) The Executive Director of Telehealth Services of
the Office of Connected Care.
(iii) The Executive Director of Connected Health of the
Office of Connected Care.
(iv) The Executive Director of the Office of Rural
Health of the Department.
(v) The Executive Director of Solution Delivery, IT
Operations and Services of the Office of Information and
Technology of the Department.
(3) Elements.--The strategic plan required under paragraph (1),
and any update to that plan under paragraph (2), shall include, at
a minimum, the following:
(A) A comprehensive list of all health care specialties the
Department is currently delivering by telehealth or virtual
care.
(B) An assessment of the effectiveness and patient outcomes
for each type of health care specialty delivered by telehealth
or virtual care by the Department.
(C) An assessment of satisfaction of veterans in receiving
care through telehealth or virtual care disaggregated by age
group and by Veterans Integrated Service Network.
(D) An assessment of the percentage of virtual visits
delivered by the Department through each modality including
standard telephone telehealth, VA Video Connect, and the
Accessing Telehealth through Local Area Stations program of the
Department.
(E) An outline of all current partnerships maintained by
the Department to bolster telehealth or virtual care services
for veterans.
(F) An assessment of the barriers faced by the Department
in delivering telehealth or virtual care services to veterans
residing in rural and highly rural areas, and the strategies
the Department is deploying beyond purchasing hardware for
veterans who are enrolled in the patient enrollment system.
(G) A detailed plan illustrating how the Department is
working with other Federal agencies, including the Department
of Health and Human Services, the Department of Agriculture,
the Federal Communications Commission, and the National
Telecommunications and Information Administration, to enhance
connectivity in rural, highly rural, and medically underserved
areas to better reach all veterans.
(H) The feasibility and advisability of partnering with
Federally qualified health centers, rural health clinics, and
critical access hospitals to fill the gap for health care
services that exists for veterans who reside in rural and
highly rural areas.
(I) An evaluation of the number of veterans who are
enrolled in the patient enrollment system who have previously
received care under the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(d) Submittal to Congress.--Not later than 180 days after the
development of the strategic plan under paragraph (1) of subsection
(c), and not later than 180 days after each update under paragraph (2)
of such subsection thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The completed strategic plan or update, as the case may be.
(2) An identification of areas of improvement by the Department
in the delivery of telehealth and virtual care services to veterans
who are enrolled in the patient enrollment system, with a timeline
for improvements to be implemented.
(e) Definitions.--
(1) Patient enrollment system.--The term ``patient enrollment
system'' means the system of annual patient enrollment of the
Department of Veterans Affairs established and operated under
section 1705(a) of title 38, United States Code.
(2) Rural; highly rural.--The terms ``rural'' and ``highly
rural'' have the meanings given those terms in the Rural-Urban
Commuting Areas coding system of the Department of Agriculture.
(3) VA video connect.--The term ``VA Video Connect'' means the
program of the Department of Veterans Affairs to connect veterans
with their health care team from anywhere, using encryption to
ensure a secure and private connection.
SEC. 152. COMPTROLLER GENERAL REPORT ON TRANSPORTATION SERVICES BY
THIRD PARTIES FOR RURAL VETERANS.
(a) Report Required.--Not later than 540 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the program the establishment of which was facilitated under
section 111A(b) of title 38, United States Code.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A description of the program described in such subsection,
including descriptions of the following:
(A) The purpose of the program.
(B) The activities carried out under the program.
(2) An assessment of the sufficiency of the program with
respect to the purpose of the program.
(3) An assessment of the cost effectiveness of the program in
comparison to alternatives.
(4) An assessment of the health benefits for veterans who have
participated in the program.
(5) An assessment of the sufficiency of staffing of employees
of the Department of Veterans Affairs who are responsible for
facilitating the maintenance of the program.
(6) An assessment, with respect to the purpose of the program,
of the number of vehicles owned by and operating in conjunction
with the program.
(7) An assessment of the awareness and usage of the program by
veterans and their families.
(8) An assessment of other options for transportation under the
program, such as local taxi companies and ridesharing programs such
as Uber and Lyft.
SEC. 153. COMPTROLLER GENERAL REPORT ON TELEHEALTH SERVICES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on telehealth services provided by the Department of Veterans
Affairs.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The telehealth and virtual health care programs of the
Department of Veterans Affairs, including VA Video Connect.
(2) The challenges faced by the Department in delivering
telehealth and virtual health care to veterans who reside in rural
and highly rural areas due to lack of connectivity in many rural
areas.
(3) Any mitigation strategies used by the Department to
overcome connectivity barriers for veterans who reside in rural and
highly rural areas.
(4) The partnerships entered into by the Office of Connected
Care of the Department in an effort to bolster telehealth services.
(5) The extent to which the Department has examined the
effectiveness of health care services provided to veterans through
telehealth in comparison to in-person treatment.
(6) Satisfaction of veterans with respect to the telehealth
services provided by the Department.
(7) The use by the Department of telehealth appointments in
comparison to referrals to care under the Veterans Community Care
Program under section 1703 of title 38, United States Code.
(8) Such other areas as the Comptroller General considers
appropriate.
Subtitle E--Care for Aging Veterans
SEC. 161. STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall develop a
strategy for the long-term care of veterans.
(b) Elements.--The strategy developed under subsection (a) shall--
(1) identify current and future needs for the long-term care of
veterans based on demographic data and availability of services
both from the Department of Veterans Affairs and from non-
Department providers in the community, include other Federal
Government, non-Federal Government, nonprofit, for profit, and
other entities;
(2) identify the current and future needs of veterans for both
institutional and non-institutional long-term care (for example,
home-based and community-based services), taking into account the
needs of growing veteran population groups, including women
veterans, veterans with traumatic brain injury, veterans with
memory loss, and other population groups with unique needs; and
(3) address new and different care delivery models, including
by--
(A) assessing the implications of such models for the
design of facilities and how those facilities may need to
change;
(B) examining the workforce needed to support aging
populations of veterans as they grow and receive long-term care
through different trends of care delivery; and
(C) considering the feasibility and advisability of
implementing a veteran-focused independent provider model for
non-institutional care.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the strategy developed under subsection (a).
SEC. 162. IMPROVEMENT OF STATE VETERANS HOMES.
(a) Standardized Sharing Agreements.--The Secretary of Veterans
Affairs shall develop a standardized process throughout the Department
of Veterans Affairs for entering into sharing agreements between State
homes and medical centers of the Department.
(b) Provision of Medication to Catastrophically Disabled
Veterans.--Section 1745(b) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Any veteran who has been determined by the Secretary to
be catastrophically disabled, as defined in section 17.36(e) of
title 38, Code of Federal Regulations, or successor regulations,
and on whose behalf the Secretary is paying a per diem for nursing
home or domiciliary care in a State home under this chapter.''.
(c) Oversight of Inspections.--
(1) Monitoring.--The Secretary shall monitor any contractor
used by the Department to conduct inspections of State homes,
including by reviewing the inspections conducted by each such
contractor for quality not less frequently than quarterly.
(2) Reporting of deficiencies.--The Secretary shall require
that any deficiencies of a State home noted during the inspection
of the State home be reported to the Secretary.
(3) Transparency.--The Secretary shall publish the results of
any inspection of a State home, and any associated corrective
actions planned by the State home, on a publicly available internet
website of the Department.
(d) State Home Defined.--In this section, the term ``State home''
has the meaning given that term in section 101(19) of title 38, United
States Code.
SEC. 163. GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS
HOMES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
the conduct of a pilot program under which the Secretary shall provide
geriatric psychiatry assistance to eligible veterans at State homes.
(b) Duration.--The Secretary shall carry out the pilot program
under this section for a two-year period.
(c) Type of Assistance.--Assistance provided under the pilot
program under this section may include--
(1) direct provision of geriatric psychiatry services,
including health care if feasible;
(2) payments to non-Department of Veterans Affairs providers in
the community to provide such services;
(3) collaboration with other Federal agencies to provide such
services; or
(4) such other forms of assistance as the Secretary considers
appropriate.
(d) Consideration of Local Area Needs.--In providing assistance
under the pilot program under this section, the Secretary shall
consider the geriatric psychiatry needs of the local area, including by
considering--
(1) State homes with a high proportion of residents with unmet
mental health needs;
(2) State homes located in mental health care health
professional shortage areas designated under section 332 of the
Public Health Service Act (42 U.S.C. 254e); or
(3) State homes located in rural or highly rural areas.
(e) Definitions.--In this section, the terms ``State home'' and
``veteran'' have the meanings given those terms in section 101 of title
38, United States Code.
SEC. 164. SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING
HOMELESSNESS.
(a) In General.--The Secretary of Veterans Affairs shall work with
public housing authorities and local organizations to assist aging
homeless veterans in accessing existing housing and supportive
services, including health services like home-based and community-based
services from the Department of Veterans Affairs or from non-Department
providers in the community.
(b) Payment for Services.--The Secretary may, and is encouraged to,
pay for services for aging homeless veterans described in subsection
(a).
SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR
PAYMENT OF CARE FOR VETERANS IN NON-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FOSTER HOMES.
(a) Authority.--
(1) In general.--Section 1720 of title 38, United States Code,
is amended by adding at the end the following new subsection:
``(h)(1) During the five-year period beginning on the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, and subject
to paragraph (3)--
``(A) at the request of a veteran for whom the Secretary is
required to provide nursing home care under section 1710A of this
title, the Secretary may place the veteran in a medical foster home
that meets Department standards, at the expense of the United
States, pursuant to a contract, agreement, or other arrangement
entered into between the Secretary and the medical foster home for
such purpose; and
``(B) the Secretary may pay for care of a veteran placed in a
medical foster home before such date of enactment, if the home
meets Department standards, pursuant to a contract, agreement, or
other arrangement entered into between the Secretary and the
medical foster home for such purpose.
``(2) A veteran on whose behalf the Secretary pays for care in a
medical foster home under paragraph (1) shall agree, as a condition of
such payment, to accept home health services furnished by the Secretary
under section 1717 of this title.
``(3) In any year, not more than a daily average of 900 veterans
receiving care in a medical foster home, whether placed before, on, or
after the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, may have their care covered at the expense of
the United States under paragraph (1).
``(4) The prohibition under section 1730(b)(3) of this title shall
not apply to a veteran whose care is covered at the expense of the
United States under paragraph (1).
``(5) In this subsection, the term `medical foster home' means a
home designed to provide non-institutional, long-term, supportive care
for veterans who are unable to live independently and prefer a family
setting.''.
(2) Effective date.--Subsection (h) of section 1720 of title
38, United States Code, as added by paragraph (1), shall take
effect 90 days after the date of the enactment of this Act.
(b) Ongoing Monitoring of Medical Foster Home Program.--
(1) In general.--The Secretary of Veterans Affairs shall create
a system to monitor and assess the workload for the Department of
Veterans Affairs in carrying out the authority under section
1720(h) of title 38, United States Code, as added by subsection
(a)(1), including by tracking--
(A) requests by veterans to be placed in a medical foster
home under such section;
(B) denials of such requests, including the reasons for
such denials;
(C) the total number of medical foster homes applying to
participate under such section, disaggregated by those approved
and those denied approval by the Department to participate;
(D) veterans receiving care at a medical foster home at the
expense of the United States; and
(E) veterans receiving care at a medical foster home at
their own expense.
(2) Report.--Based on the monitoring and assessments conducted
under paragraph (1), the Secretary shall identify and submit to
Congress a report on such modifications to implementing section
1720(h) of title 38, United States Code, as added by subsection
(a)(1), as the Secretary considers necessary to ensure the
authority under such section is functioning as intended and care is
provided to veterans under such section as intended.
(3) Medical foster home defined.--In this subsection, the term
``medical foster home'' has the meaning given that term in section
1720(h) of title 38, United States Code, as added by subsection
(a)(1).
(c) Comptroller General Report.--Not later than each of three years
and six years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
(1) assessing the implementation of this section and the
amendments made by this section;
(2) assessing the impact of the monitoring and modifications
under subsection (b) on care provided under section 1720(h) of
title 38, United States Code, as added by subsection (a)(1); and
(3) setting forth recommendations for improvements to the
implementation of such section, as the Comptroller General
considers appropriate.
Subtitle F--Foreign Medical Program
SEC. 171. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF EXPANDING
ASSISTANCE AND SUPPORT TO CAREGIVERS TO INCLUDE CAREGIVERS OF
VETERANS IN THE REPUBLIC OF THE PHILIPPINES.
(a) Findings.--Congress makes the following findings:
(1) Although section 161 of the VA MISSION Act of 2018 (Public
Law 115-182; 132 Stat. 1438) expanded the program of comprehensive
assistance for family caregivers of the Department of Veterans
Affairs under section 1720G(a) of title 38, United States Code, to
veterans of all eras, it did not expand the program to family
caregivers for veterans overseas.
(2) Although caregivers for veterans overseas can access online
resources as part of the program of support services for caregivers
of veterans under subsection (b) section 1720G of such title, those
caregivers are not currently eligible for the comprehensive
services and benefits provided under subsection (a) of such
section.
(3) The Department has an outpatient clinic and a regional
benefits office in Manila, Republic of the Philippines, and the
Foreign Medical Program of the Department under section 1724 of
such title is used heavily in the Republic of the Philippines by
veterans who live in that country.
(4) Due to the presence of facilities of the Department in the
Republic of the Philippines and the number of veterans who reside
there, that country is a suitable test case to analyze the
feasibility and advisability of expanding caregiver support to
caregivers of veterans overseas.
(b) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
an analysis of the feasibility and advisability of making assistance
and support under section 1720G(a) of title 38, United States Code,
available to caregivers of veterans in the Republic of the Philippines.
(c) Report.--Not later than 180 days after the conclusion of the
analysis conducted under subsection (b), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are enrolled in
the patient enrollment system and reside in the Republic of the
Philippines.
(3) An assessment of the number of veterans residing in the
Republic of the Philippines with a disability rating from the
Department of not less than 70 percent.
(4) An assessment of the number of veterans who are enrolled in
the patient enrollment system and reside in the Republic of the
Philippines that have a caregiver to provide them personal care
services described in section 1720G(a)(C) of title 38, United
States Code.
(5) An assessment of the staffing needs and associated costs of
making assistance and support available to caregivers of veterans
in the Republic of the Philippines.
(6) An assessment of the infrastructure needs and associated
costs of making assistance and support available to caregivers of
veterans in the Republic of the Philippines.
(7) An assessment of the local transportation challenges to
making assistance and support available to caregivers of veterans
in the Republic of the Philippines.
(8) An assessment of how the Secretary would determine payment
rates for caregivers of veterans in the Republic of the Philippines
to account for variances in living standards in the Republic of the
Philippines.
(9) Such other elements as the Secretary considers appropriate.
(d) Definitions.--In this section:
(1) Caregiver.--The term ``caregiver'' has the meaning given
that term in section 1720G(d) of title 38, United States Code.
(2) Patient enrollment system.--The term ``patient enrollment
system'' means the system of annual patient enrollment of the
Department of Veterans Affairs established and operated under
section 1705(a) of such title.
(3) Veteran.--The term ``veteran'' has the meaning given that
term in section 101(2) of such title.
SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the Foreign Medical Program.
(b) Elements.--The report required by subsection (a) shall include,
for the most recent five fiscal years for which data are available, an
assessment of the following:
(1) The number of veterans who live overseas and are eligible
for the Foreign Medical Program.
(2) The number of veterans who live overseas, are registered
for the Foreign Medical Program, and use such program.
(3) The number of veterans who live overseas, are registered
for the Foreign Medical Program, and do not use such program.
(4) The number of veterans who are eligible for care furnished
by the Department of Veterans Affairs, live in the United States,
including territories of the United States, and make use of such
care, including through the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(5) Any challenges faced by the Department in administering the
Foreign Medical Program, including--
(A) outreach to veterans on eligibility for such program
and ensuring veterans who live overseas are aware of such
program;
(B) executing timely reimbursements of claims by veterans
under such program; and
(C) need for and use of translation services.
(6) Any trends relating to--
(A) the timeliness of processing by the Department of
claims under the Foreign Medical Program and reimbursement of
veterans under such program;
(B) types of care or treatment sought by veterans who live
overseas that is reimbursed under such program; and
(C) types of care or treatment eligible for reimbursement
under such program that veterans have difficulty accessing
overseas.
(7) Any barriers or obstacles cited by veterans who live
overseas who are registered for the Foreign Medical Program,
including any differences between veterans who use the program and
veterans who do not.
(8) Satisfaction of veterans who live overseas with the Foreign
Medical Program.
(9) Such other areas as the Comptroller General considers
appropriate.
(c) Foreign Medical Program Defined.--In this section, the term
``Foreign Medical Program'' means the program under with the Secretary
of Veterans Affairs provides hospital care and medical services under
section 1724 of title 38, United States Code.
Subtitle G--Research Matters
SEC. 181. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330D. Inapplicability of Paperwork Reduction Act to research
activities
``Subchapter I of chapter 35 of title 44 (commonly referred to as
the `Paperwork Reduction Act') shall not apply to the voluntary
collection of information during the conduct of research by the
Veterans Health Administration, including the Office of Research and
Development, or individuals or entities affiliated with the Veterans
Health Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 7330C the following new item:
``(1) ``7330D. Inapplicability of Paperwork Reduction Act to
research activities.''.
SEC. 182. RESEARCH AND DEVELOPMENT.
(a) Office of Research and Development.--Chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER V--RESEARCH AND DEVELOPMENT
``Sec. 7381. Office of Research and Development
``(a) Office of Research and Development.--There is in the Veterans
Health Administration an Office of Research and Development (in this
section referred to as the `Office').
``(b) Purposes.--The function of the Office is to serve veterans
through a full spectrum of research (including pre-clinical, clinical,
and health systems science), technology transfer, and application.
``(c) Chief Research and Development Officer.--The head of the
Office is the Chief Research and Development Officer.
``(d) Organization and Personnel.--The Office shall be organized in
such manner, and its personnel shall perform such duties and have such
titles, as the Secretary may prescribe.
``Sec. 7382. Research personnel
``(a) Waiver of Intergovernmental Personnel Act Mobility Program
Limits.--The Secretary may waive the limit on the period and number of
assignments required under section 3372(a) of title 5 with respect to
an individual who performs research for the Department under the
mobility program under subchapter VI of chapter 33 of such title
(commonly referred to as the `Intergovernmental Personnel Act Mobility
Program').
``(b) Outside Earned Income for Research for the Department.--(1)
Compensation from a nonprofit corporation established under subchapter
IV of this chapter, or a university affiliated with the Department, may
be paid, without regard to section 209 of title 18, to an employee
described in paragraph (2), for research conducted pursuant to section
7303 of this title if--
``(A) the research has been approved in accordance with
procedures prescribed by the Under Secretary for Health;
``(B) the employee conducts research under the supervision of
personnel of the Department; and
``(C) the Secretary agreed to the terms of such compensation in
writing.
``(2) An employee described in this subsection is an employee who
has an appointment within the Department, whether with or without
compensation, and without regard to the source of such compensation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter v--research and development
``7381. Office of Research and Development.
``7382. Research personnel.''.
SEC. 183. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES OF
RESEARCH OCCUPATIONS.
Section 7401(3) of title 38, United States Code, is amended by
inserting ``statisticians, economists, informaticists, data scientists,
and'' after ``blind rehabilitation outpatient specialists,''.
SEC. 184. COMPTROLLER GENERAL STUDY ON DEDICATED RESEARCH TIME FOR
CERTAIN PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the amount of time dedicated for research for
clinician-scientists appointed by the Secretary of Veterans Affairs.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A review of the policies and practices of the Department of
Veterans Affairs regarding the time dedicated for research for the
personnel specified in subsection (a).
(2) An assessment of the effect of such policies and practices
on the following:
(A) The recruitment and retention efforts of the
Department.
(B) The productivity of the personnel specified in
subsection (a) with respect to research.
(C) The efficient use of resources available for research
on issues relating to the health of veterans.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report detailing
the findings of the study conducted under subsection (a).
Subtitle H--Mental Health Care
SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT OF
VETERANS AFFAIRS PROVIDING EVIDENCE-BASED TREATMENTS FOR THE
DIAGNOSIS OF TREATMENT-RESISTANT DEPRESSION.
(a) Findings.--Congress makes the following findings:
(1) A systematic review in 2019 of the economics and quality of
life relating to treatment-resistant depression summarized that
major depressive disorder (in this subsection referred to as
``MDD'') is a global public health concern and that treatment-
resistant depression in particular represents a key unmet need. The
findings of that review highlighted the need for improved therapies
for treatment-resistant depression to reduce disease burden, lower
medical costs, and improve the quality of life of patients.
(2) The Clinical Practice Guideline for the Management of MDD
(in this subsection referred to as the ``CPG'') developed jointly
by the Department of Veterans Affairs and the Department of Defense
defines treatment-resistant depression as at least two adequate
treatment trials and lack of full response to each.
(3) The CPG recommends electro-convulsive therapy (in this
subsection referred to as ``ECT'') as a treatment strategy for
patients who have failed multiple other treatment strategies.
(4) The CPG recommends offering repetitive transcranial
magnetic stimulation (in this subsection referred to as ``rTMS''),
an intervention that is indicated by the Food and Drug
Administration, for treatment during a major depressive episode in
patients with treatment-resistant MDD.
(5) The final report of the Creating Options for Veterans'
Expedited Recovery Commission (commonly referred to as the ``COVER
Commission'') established under section 931 of the Jason Simcakoski
Memorial and Promise Act (title IX of Public Law 114-198; 38 U.S.C.
1701 note) found that treatment-resistant depression is a major
issue throughout the mental health treatment system, and that an
estimated 50 percent of depressed patients are inadequately treated
by available interventions.
(6) The COVER Commission also reported data collected from the
Department of Veterans Affairs that found that only approximately
1,166 patients throughout the Department were referred for ECT in
2018 and only approximately 772 patients were referred for rTMS
during that year.
(b) Analysis.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
an analysis of the feasibility and advisability of making repetitive
transcranial magnetic stimulation available at all medical facilities
of the Department of Veterans Affairs and electro-convulsive therapy
available at one medical center located within each Veterans Integrated
Service Network for the treatment of veterans who are enrolled in the
patient enrollment system and have a diagnosis of treatment-resistant
depression.
(c) Inclusion of Assessment of Report.--The analysis conducted
under subsection (b) shall include an assessment of the final report of
the COVER Commission submitted under section 931(e)(2) of the Jason
Simcakoski Memorial and Promise Act (title IX of Public Law 114-198; 38
U.S.C. 1701 note).
(d) Report.--Not later than 180 days after the conclusion of the
analysis conducted under subsection (b), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report that
includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are enrolled in
the patient enrollment system and who have a diagnosis of
treatment-resistant depression per Veterans Integrated Service
Network during the two-year period preceding the date of the
report.
(3) An assessment of the number of the veterans who are
enrolled in the patient enrollment system who have a diagnosis of
treatment-resistant depression and who have received or are
currently receiving repetitive transcranial magnetic stimulation or
electro-convulsive therapy as a treatment modality during the two-
year period preceding the date of the report.
(4) An assessment of the number and locations of medical
centers of the Department that currently provide repetitive
transcranial magnetic stimulation to veterans who are enrolled in
the patient enrollment system and who have a diagnosis of
treatment-resistant depression.
(5) An assessment of the number and locations of medical
centers of the Department that currently provide electro-convulsive
therapy to veterans who are enrolled in the patient enrollment
system and who have a diagnosis of treatment-resistant depression.
(e) Patient Enrollment System Defined.--In this section, the term
``patient enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established and
operated under section 1705(a) of title 38, United States Code.
SEC. 192. MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO INCLUDE
PEER SPECIALISTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall modify
the Veterans Equitable Resource Allocation system, or successor system,
to ensure that resource allocations under such system, or successor
system, include peer specialists appointed under section 7402(b)(13) of
title 38, United States Code.
(b) Veterans Equitable Resource Allocation System Defined.--In this
section, the term ``Veterans Equitable Resource Allocation system''
means the resource allocation system established pursuant to section
429 of the Departments of Veterans Affairs and House and Urban
Development, and Independent Agencies Appropriations Act, 1997 (Public
Law 104-204; 110 Stat. 2929).
SEC. 193. GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
a gap analysis throughout the entire health care system of the Veterans
Health Administration on the use and availability of psychotherapeutic
interventions recommended in widely used clinical practice guidelines
as recommended in the final report of the COVER Commission submitted
under section 931(e)(2) of the Jason Simcakoski Memorial and Promise
Act (title IX of Public Law 114-198; 38 U.S.C. 1701 note).
(b) Elements.--The gap analysis required under subsection (a) shall
include the following:
(1) An assessment of the psychotherapeutic interventions
available and routinely delivered to veterans at medical centers of
the Department of Veterans Affairs within each Veterans Integrated
Service Network of the Department.
(2) An assessment of the barriers faced by medical centers of
the Department in offering certain psychotherapeutic interventions
and why those interventions are not widely implemented or are
excluded from implementation throughout the entire health care
system of the Veterans Health Administration.
(c) Report and Plan.--Not later than 180 days after completing the
gap analysis under subsection (a), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives--
(1) a report on the results of the analysis; and
(2) a plan with measurable, time-limited steps for the
Department to implement--
(A) to address the gaps that limit access of veterans to
care; and
(B) to treat various mental health conditions across the
entire health care system of the Veterans Health
Administration.
SEC. 193A. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE
MENTAL HEALTH CARE OUTPATIENT VISITS OF VETERANS.
(a) Prohibition on Collection.--Chapter 17 of title 38, United
States Code, is amended by inserting after section 1722B the following
new section (and conforming the table of sections at the beginning of
such chapter accordingly):
``Sec. 1722C. Copayments: prohibition on collection of copayments for
first three mental health care outpatient visits of veterans
``(a) Prohibition.--Except as provided in subsection (b),
notwithstanding section 1710(g) of this title or any other provision of
law, the Secretary may not impose or collect a copayment for the first
three mental health care outpatient visits of a veteran in a calendar
year for which the veteran would otherwise be required to pay a
copayment under the laws administered by the Secretary.
``(b) Copayment for Medications.--The prohibition under subsection
(a) shall not apply with respect to the imposition or collection of
copayments for medications pursuant to section 1722A of this title.
``(c) Mental Health Care Outpatient Visit Defined.--In this
section, the term `mental health care outpatient visit' means an
outpatient visit with a qualified mental health professional for the
primary purpose of seeking mental health care or treatment for
substance abuse disorder.
``(d) Sunset.--This section shall terminate on the date that is
five years after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to mental health care outpatient visits occurring on
or after the date that is 180 days after the date of the enactment of
this Act.
Subtitle I--Other Matters
SEC. 194. REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF HEALTH
CARE DELIVERY SYSTEMS AND MANAGEMENT PROCESSES OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Ongoing Assessments.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section 1704 the
following new section:
``Sec. 1704A. Independent assessments of health care delivery systems
and management processes
``(a) Independent Assessments.--(1) Not less frequently than once
every 10 years, the Secretary shall enter into one or more contracts
with a private sector entity or entities described in subsection (d) to
conduct an independent assessment of the hospital care, medical
services, and other health care furnished by the Department.
``(2) Each assessment required under paragraph (1) shall address
each of the following:
``(A) Current and projected demographics and unique health care
needs of the patient population served by the Department.
``(B) The accuracy of models and forecasting methods used by
the Department to project health care demand, including with
respect to veteran demographics, rates of use of health care
furnished by the Department, the inflation of health care costs,
and such other factors as may be determined relevant by the
Secretary.
``(C) The reliability and accuracy of models and forecasting
methods used by the Department to project the budgetary needs of
the Veterans Health Administration and how such models and
forecasting methods inform budgetary trends.
``(D) The authorities and mechanisms under which the Secretary
may furnish hospital care, medical services, and other health care
at facilities of the Department and non-Department facilities,
including through Federal and private sector partners and at joint
medical facilities, and the effect of such authorities and
mechanisms on eligibility and access to care.
``(E) The organization, workflow processes, and tools used by
the Department to support clinical staffing, access to care,
effective length-of-stay management and care transitions, positive
patient experience, accurate documentation, and subsequent coding
of inpatient services.
``(F) The efforts of the Department to recruit and retain staff
at levels necessary to carry out the functions of the Veterans
Health Administration and the process used by the Department to
determine staffing levels necessary for such functions.
``(G) The staffing level at each medical facility of the
Department and the productivity of each health care provider at the
medical facility, compared with health care industry performance
metrics, which may include the following:
``(i) An assessment of the case load of, and number of
patients treated by, each health care provider at such medical
facility during an average week.
``(ii) An assessment of the time spent by each such health
care provider on matters other than the case load of the health
care provider, including time spent by the health care provider
as follows:
``(I) At a medical facility that is affiliated with the
Department.
``(II) Conducting research.
``(III) Training or supervising other health care
professionals of the Department.
``(iii) An assessment of the complexity of health care
conditions per patient treated by each health care provider at
such medical facility during an average week.
``(H) The information technology strategies of the Department
with respect to furnishing and managing health care, including an
identification of any weaknesses or opportunities with respect to
the technology used by the Department, especially those strategies
with respect to clinical documentation of hospital care, medical
services, and other health care, including any clinical images and
associated textual reports, furnished by the Department in
facilities of the Department or non-Department facilities.
``(I) Business processes of the Veterans Health Administration,
including processes relating to furnishing non-Department health
care, insurance identification, third-party revenue collection, and
vendor reimbursement, including an identification of mechanisms as
follows:
``(i) To avoid the payment of penalties to vendors.
``(ii) To increase the collection of amounts owed to the
Department for hospital care, medical services, or other health
care provided by the Department for which reimbursement from a
third party is authorized and to ensure that such amounts
collected are accurate.
``(iii) To increase the collection of any other amounts
owed to the Department with respect to hospital care, medical
services, or other health care and to ensure that such amounts
collected are accurate.
``(iv) To increase the accuracy and timeliness of payments
by the Department to vendors and providers.
``(v) To reduce expenditures while improving the quality of
care furnished.
``(J) The purchase, distribution, and use of pharmaceuticals,
medical and surgical supplies, medical devices, and health care-
related services by the Department, including the following:
``(i) The prices paid for, standardization of, and use by,
the Department with respect to the following:
``(I) Pharmaceuticals.
``(II) Medical and surgical supplies.
``(III) Medical devices.
``(ii) The use by the Department of group purchasing
arrangements to purchase pharmaceuticals, medical and surgical
supplies, medical devices, and health care-related services.
``(iii) The strategy and systems used by the Department to
distribute pharmaceuticals, medical and surgical supplies,
medical devices, and health care-related services to Veterans
Integrated Service Networks and medical facilities of the
Department.
``(K) The competency of Department leadership with respect to
culture, accountability, reform readiness, leadership development,
physician alignment, employee engagement, succession planning, and
performance management.
``(L) The effectiveness of the authorities and programs of the
Department to educate and train health personnel pursuant to
section 7302 of this title.
``(M) The conduct of medical and prosthetic research of the
Department.
``(N) The provision of assistance by the Department to Federal
agencies and personnel involved in responding to a disaster or
emergency.
``(O) Such additional matters as may be determined relevant by
the Secretary.
``(b) Timing.--The private sector entity or entities carrying out
an assessment pursuant to subsection (a) shall complete such assessment
not later than 18 months after entering into the contract described in
such paragraph.
``(c) Leveraging of Existing Data and Contracts.--To the extent
practicable, the private sector entity or entities carrying out an
assessment pursuant to subsection (a) shall--
``(1) make maximum use of existing data that has been compiled
by the Department, compiled for the Department, or purchased by the
Department, including data that has been collected for--
``(A) the performance of quadrennial market assessments
under section 7330C of this title;
``(B) the quarterly publication of information on staffing
and vacancies with respect to the Veterans Health
Administration pursuant to section 505 of the VA MISSION Act of
2018 (Public Law 115-182; 38 U.S.C. 301 note); and
``(C) the conduct of annual audits pursuant to section 3102
of the Johnny Isakson and David P. Roe, M.D. Veterans Health
Care and Benefits Improvement Act of 2020 (Public Law 116-315;
38 U.S.C. 1701 note).
``(2) maximize the use of existing contracts and other
agreements of the Department for studies, analysis, data
collection, or research in order to efficiently fulfill the
requirements of this section.
``(d) Private Sector Entities Described.--A private sector entity
described in this subsection is a private entity that--
``(1) has experience and proven outcomes in optimizing the
performance of national health care delivery systems, including the
Veterans Health Administration, other federal health care systems,
and systems in the private, non-profit, or public health care
sector;
``(2) specializes in implementing large-scale organizational
and cultural transformations, especially with respect to health
care delivery systems; and
``(3) is not currently under contract with the Department to
provide direct or indirect patient care or related clinical care
services or supplies under the laws administered by the Secretary.
``(e) Program Integrator.--(1) If the Secretary enters into
contracts with more than one private sector entity under subsection (a)
with respect to a single assessment under such subsection, the
Secretary shall designate one such entity as the program integrator.
``(2) The program integrator designated pursuant to paragraph (1)
shall be responsible for coordinating the outcomes of the assessments
conducted by the private sector entities pursuant to such contracts.
``(f) Reports.--(1)(A) Not later than 60 days after completing an
assessment pursuant to subsection (a), the private sector entity or
entities carrying out such assessment shall submit to the Secretary and
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
findings and recommendations of the private sector entity or entities
with respect to such assessment.
``(B) Each report under subparagraph (A) with respect to an
assessment shall include an identification of the following:
``(i) Any changes with respect to the matters included in such
assessment since the date that is the later of the following:
``(I) The date on which the independent assessment under
section 201 of the Veterans Access, Choice, and Accountability
Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) was
completed.
``(II) The date on which the last assessment under
subsection (a) was completed.
``(ii) Any recommendations regarding matters to be covered by
subsequent assessments under subsection (a), including any
additional matters to include for assessment or previously assessed
matters to exclude.
``(2) Not later than 30 days after receiving a report under
paragraph (1), the Secretary shall publish such report in the Federal
Register and on a publicly accessible internet website of the
Department.
``(3) Not later than 90 days after receiving a report under
paragraph (1), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report outlining the feasibility and
advisability of implementing the recommendations made by the private
sector entity or entities in such report received, including an
identification of the timeline, cost, and any legislative authorities
necessary for such implementation.
``(g) Sunset.--The requirement to enter into contracts under
subsection (a) shall terminate on December 31, 2055.''.
(b) Clerical Amendments.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1704 the following new item:
``1704A. Independent assessments of health care delivery systems and
management processes.''.
(c) Deadline for Initial Assessment.--The initial assessment under
section 1704A of title 38, United States Code, as added by subsection
(a), shall be completed by not later than December 31, 2025.
SEC. 195. IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF
DATA PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Review of Timeliness and Quality of Care Data.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
complete a review of data that is publicly available on the Access
to Care internet website of the Department of Veterans Affairs (or
successor website)) (in this section referred to as the
``Website'').
(2) Analysis.--The review under paragraph (1) shall include an
analysis of the access to and usability of the publicly available
data on the Website, including a review of the availability of the
following data:
(A) Any numeric indicators relating to timely care,
effective care, safety, and veteran-centered care that the
Secretary collects at medical facilities of the Department
pursuant to section 1703C of title 38, United States Code.
(B) The patient wait times information required by
subsection (a) of section 206 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 128 Stat.
1780); and
(C) the patient safety, quality of care, and outcome
measures required by subsection (b) of such section 206.
(3) Consultation.--In conducting the review under paragraph (1)
of data described in such paragraph, the Secretary shall consult
with veterans service organizations, veterans, and caregivers of
veterans from geographically diverse areas and representing
different eras of service in the Armed Forces to gather insights
about potential modifications that could help improve the
understanding and use of such data.
(4) Report.--Not later than 30 days after completing the review
under paragraph (1), the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the outcome of
the review, including an assessment of how the Secretary plans to
modify the presentation of data described in such paragraph in
light of the findings of the review.
(b) Requirements of Website.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, in addition to the requirements of section
206(b)(4) of the Veterans Access, Choice, and Accountability Act of
2014 (Public Law 113-146; 128 Stat. 1781), the Secretary shall
ensure that the Website meets the following requirements:
(A) The Website is directly accessible from--
(i) the main homepage of the publicly accessible
internet website of the Department; and
(ii) the main homepage of the publicly accessible
internet website of each medical center of the Department.
(B) Where practicable, the Website is organized and
searchable by each medical center of the Department.
(C) The Website is easily understandable and usable by the
general public.
(2) Consultation and contract authority.--In carrying out the
requirements of paragraph (1)(C), the Secretary--
(A) shall consult with--
(i) veterans service organizations; and
(ii) veterans and caregivers of veterans from
geographically diverse areas and representing different
eras of service in the Armed Forces; and
(B) may enter into a contract to design the Website with a
company, non-profit entity, or other entity specializing in
website design that has substantial experience in presenting
health care data and information in a easily understandable and
usable manner to patients and consumers.
(c) Accuracy of Data.--
(1) Annual process.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall develop and
implement a process to annually audit a generalizable subset of the
data contained on the Website to assess the accuracy and
completeness of the data.
(2) Criteria.--The Secretary shall ensure that each audit under
paragraph (1)--
(A) determines the extent that the medical record
information, clinical information, data, and documentation
provided by each medical facility of the Department that is
used to calculate the information on the Website is accurate
and complete;
(B) identifies any deficiencies in the recording of medical
record information, clinical information, or data by medical
facilities of the Department that affects the accuracy and
completeness of the information on the Website; and
(C) provides recommendations to medical facilities of the
Department on how to--
(i) improve the accuracy and completeness of the
medical record information, clinical information, data, and
documentation that is used to calculate the information on
the Website; and
(ii) ensure that each medical facility of the
Department provides such information in a uniform manner.
(3) Annual report.--Not later than two years after the date of
the enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of each audit under
paragraph (1).
TITLE II--BENEFITS MATTERS
Subtitle A--Benefits Generally
SEC. 201. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS
AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.
(a) Short Title.--This section may be cited as the .
(b) Process for Clothing Allowance Claims.--Section 1162 of title
38, United States Code, is amended--
(1) by striking ``The Secretary under'' and inserting:
``(a) Eligibility Requirements.--The Secretary, under'';
(2) in paragraph (2)--
(A) by striking ``which (A) a physician'' and inserting:
``which--''
``(A) a physician''; and
(B) by striking ``, and (B) the Secretary'' and inserting
the following: ``; and
``(B) the Secretary''; and
(3) by adding at the end the following new subsections:
``(b) Continuous Nature of Payments.--Payments made to a veteran
under subsection (a) shall continue on an automatically recurring
annual basis until the earlier of the following:
``(1) The date on which the veteran elects to no longer receive
such payments.
``(2) The date on which the Secretary determines the veteran is
no longer eligible pursuant to subsection (c).
``(c) Reviews of Claims.--(1) The Secretary shall, in accordance
with this subsection, conduct reviews of a claim on which a clothing
allowance for a veteran under subsection (a) is based to determine the
continued eligibility of the veteran for such allowance.
``(2) The Secretary shall prescribe standards for determining
whether a claim for a clothing allowance is based on a veteran's
wearing or use of a prosthetic, orthopedic appliance (including a
wheelchair), or medication whose wear or tear or irreparable damage on
a veteran's outergarments or clothing is as likely as not subject to no
change for the duration of such wearing or use.
``(3)(A) If the Secretary determines, pursuant to standards
prescribed under paragraph (2), that a claim for a clothing allowance
is based on wear or tear or irreparable damage that is as likely as not
subject to no change, the veteran shall continue to be deemed eligible
for receipt of a clothing allowance under this section until the
Secretary--
``(i) receives notice under subparagraph (B); or
``(ii) finds otherwise under subparagraph (C) or (D).
``(B) The Secretary shall require a veteran who is receiving a
clothing allowance under subsection (a), based on the wearing or use of
a prosthetic, orthopedic appliance (including a wheelchair), or
medication, to notify the Secretary when the veteran terminates the
wearing or use of such a prosthetic, orthopedic appliance, or
medication.
``(C) For each veteran who is receiving a clothing allowance under
subsection (a), based on the wearing or use of a prosthetic, orthopedic
appliance (including a wheelchair), or medication, the Secretary shall
periodically review the veteran's Department records for evidence that
the veteran has terminated the wearing or use of such a prosthetic,
orthopedic appliance, or medication.
``(D) If a veteran who is receiving a clothing allowance under
subsection (a), based on the wearing or use of a prosthetic, orthopedic
appliance (including a wheelchair), or medication, has received such
clothing allowance beyond the prescribed or intended lifespan of such
prosthetic, orthopedic appliance, or medication, the Secretary may
periodically request the veteran to attest to continued usage.
``(4) If the Secretary determines that a claim for a clothing
allowance under subsection (a) does not meet the requirements of
paragraph (3)(A), then the Secretary may require the veteran to
recertify the veteran's continued eligibility for a clothing allowance
under this section periodically, but not more frequently than once each
year.
``(5) When reviewing a claim under this subsection, the Secretary
shall evaluate the evidence presented by the veteran and such other
relevant evidence as the Secretary determines appropriate.
``(d) Determination Regarding Continued Eligibility.--If the
Secretary determines, as the result of a review of a claim conducted
under subsection (c), that the veteran who submitted such claim no
longer meets the requirements specified in subsection (a), the
Secretary shall--
``(1) provide to the veteran notice of such determination that
includes a description of applicable actions that may be taken
following the determination, including the actions specified in
section 5104C of this title; and
``(2) discontinue the clothing allowance based on such
claim.''.
(c) Applicability.--The amendments made by subsection (b) shall
apply with respect to--
(1) claims for clothing allowance submitted on or after the
date of the enactment of this Act; and
(2) claims for clothing allowance submitted prior to the date
of the enactment of this Act, if the veteran who submitted such
claim is in receipt of the clothing allowance as of the date of the
enactment of this Act.
SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-
CONNECTED DISABILITIES WHO DIE OF COVID-19.
(a) In General.--The Secretary of Veterans Affairs shall secure a
medical opinion to determine if a service-connected disability was the
principal or contributory cause of death before notifying the survivor
of the final decision in any case in which all of the following factors
are met:
(1) A claim for compensation is filed under chapter 13 of title
38, United States Code, with respect to a veteran with one or more
service-connected disabilities who dies.
(2) The death certificate for the veteran identifies
Coronavirus Disease 2019 (COVID-19) as the principal or
contributory cause of death.
(3) The death certificate does not clearly identify any of the
service-connected disabilities of the veteran as the principal or
contributory cause of death.
(4) A service-connected disability of the veteran includes a
condition more likely to cause severe illness from COVID-19 as
determined by the Centers for Disease Control and Prevention.
(5) The claimant is not entitled to benefits under section 1318
of such title.
(6) The evidence to support the claim does not result in a
preliminary finding in favor of the claimant.
(b) Outreach.--The Secretary shall provide information to veterans,
dependents, and veterans service organizations about applying to
dependency and indemnity compensation when a veteran dies from COVID-
19. The Secretary shall provide such information through the website of
the Department of Veterans Affairs and via other outreach mechanisms.
(c) Annual Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for five years, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the effects of the requirement to
secure medical opinions pursuant to such subsection on dependency
and indemnity compensation benefits under chapter 13 of title 38,
United States Code.
(2) Contents.--Each report submitted under paragraph (1) shall
include, with respect to the year for which the report is
submitted, the following:
(A) The total number of dependency and indemnity
compensation claims filed.
(B) The number and percentage of dependency and indemnity
compensation claims for which a disposition has been made,
disaggregated by whether the disposition was a grant, denial,
deferral, or withdrawal.
(C) The accuracy rate for all dependency and indemnity
compensation claims.
(D) The total number of covered claims filed.
(E) The number and percentage of covered claims for which a
disposition has been made, disaggregated by whether the
disposition was a grant, denial, deferral, or withdrawal.
(F) The accuracy rate for covered claims.
(G) The total number and cost of medical opinions secured
by the Secretary pursuant to subsection (a).
(d) Study on Claims Denied Prior to Enactment.--
(1) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall complete a study on
covered claims that were denied prior to the date of the enactment
of this Act and submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary with
respect to such study, including a description of any improvements
made as a result of such study to trainings of the Department of
Veterans Affairs relating to dependency and indemnity compensation
claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random sample
of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied prior to the date of the
enactment of this Act, the following elements:
(A) A review of whether the individuals processing such
covered claims--
(i) correctly applied applicable laws, regulations, and
policies, operating procedures, and guidelines of the
Department of Veterans Affairs relating to the adjudication
of dependency and indemnity compensation claims; and
(ii) completed all necessary claim development actions
prior to making a disposition for the claim.
(B) An identification of--
(i) the total number of covered claims reviewed under
the study;
(ii) the number and percentage of such covered claims
the processing of which involved errors;
(iii) the top five claims processing errors and the
number of such covered claims the processing of which
involved any of such five errors.
(e) Study on Claims Denied Following Enactment.--
(1) Study.--Not later than two years after the date of the
enactment of this Act, the Secretary shall complete a study on
covered claims that have been denied following the date of the
enactment of this Act and submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the findings of the Secretary
with respect to such study, including a description of any
improvements made as a result of such study to trainings of the
Department of Veterans Affairs relating to dependency and indemnity
compensation claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random sample
of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied following the date of the
enactment of this Act, each of the elements specified in subsection
(d)(3).
(f) Covered Claim Defined.--In this section, the term ``covered
claim'' means a dependency and indemnity compensation claim filed with
respect to a veteran the death certificate of whom identifies COVID-19
as the principal or contributory cause of death.
SEC. 203. ENHANCED LOAN UNDERWRITING METHODS.
(a) In General.--Section 3710 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(i)(1) The Secretary, in consultation with the advisory group
established under paragraph (3)(A), shall prescribe regulations and
issue guidance to assist lenders in evaluating the sufficiency of the
residual income of a veteran pursuant to paragraph (2).
``(2)(A) Pursuant to the regulations and guidance prescribed under
paragraph (1), in the case of a loan to a veteran to be guaranteed
under this chapter, if the veteran provides to the lender an energy
efficiency report described in subparagraph (B) --
``(i) the evaluation by the lender of the sufficiency of the
residual income of the veteran shall include a consideration of the
estimate of the expected energy cost savings contained in the
report; and
``(ii) the lender may apply the underwriting expertise of the
lender in adjusting the residual income of the veteran in
accordance with the information in the report.
``(B) An energy efficiency report described in this subparagraph is
a report made with respect to a home for which a loan is to be
guaranteed under this chapter that includes each of the following:
``(i) An estimate of the expected energy cost savings specific
to the home, based on specific information about the home,
including savings relating to electricity or natural gas, oil, and
any other fuel regularly used to supply energy to the home.
``(ii) Any information required to be included pursuant to the
regulations and guidance and regulations prescribed by the
Secretary under paragraph (1).
``(iii) Information with respect to the energy efficiency of
the home as determined pursuant to--
``(I) the Residential Energy Service Network's Home Energy
Rating System (commonly know as `HERS') by an individual
certified by such Network; or
``(II) an other method determined appropriate by the
Secretary, in consultation with the advisory group under
paragraph (3), including with respect to third-party quality
assurance procedures.
``(3)(A) To assist the Secretary in carrying out this subsection,
the Secretary shall establish an advisory group consisting of
individuals representing the interests of--
``(i) mortgage lenders;
``(ii) appraisers;
``(iii) energy raters and residential energy consumption
experts;
``(iv) energy efficiency organizations;
``(v) real estate agents;
``(vi) home builders and remodelers;
``(vii) consumer advocates;
``(viii) veterans' service organizations; and
``(ix) other persons determined appropriate by the Secretary.
``(B) The advisory group established under subparagraph (A) shall
not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
``(4) The Secretary shall ensure that marketing materials that the
Secretary provides to veterans with respect to loans guaranteed under
this chapter include information regarding the use of energy efficiency
reports under this subsection.
``(5) Not later than one year after the date on which the Secretary
issues the regulations and guidance pursuant to paragraph (2), and
every year thereafter, the Secretary shall submit to Congress and make
publicly available a report that includes the following information for
the year covered by the report:
``(A) An enumeration of the number of loans guaranteed under
this chapter for which a veteran provided to the Secretary an
energy efficiency report under this subsection, including the
number of such loans for which cost savings were taken into account
pursuant to paragraph (1).
``(B) Of the number of loans enumerated under subparagraph (A),
an enumeration of the default rates and rates of foreclosure,
including how such enumeration compares with the default rates and
rates of foreclosure for guaranteed loans for which no energy
efficiency report is provided.''.
(b) Clarification of Requirements Regarding Energy Efficiency
Standards.--Section 3704(f) of such title is amended by striking ``such
standards'' and inserting the following: ``the standards established
under such section 109, as in effect on the date of such
construction''.
SEC. 204. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``January 14, 2031'' each place it appears
and inserting ``November 14, 2031''.
Subtitle B--Education
SEC. 211. NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVERSITIES
PILOT PROGRAM.
(a) Short Title.--This section may be cited as the ``Native
VetSuccess at Tribal Colleges and Universities Pilot Program Act''.
(b) Pilot Program.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program to assess the feasibility and
advisability of expanding the VetSuccess on Campus program to
additional Tribal colleges and universities.
(2) Designation.--The pilot program carried out under paragraph
(1) shall be known as the ``Native VetSuccess at Tribal Colleges
and Universities Pilot Program''.
(c) Duration.--The Secretary shall carry out the pilot program
required by subsection (b)(1) during the five-year period beginning on
the date of the commencement of the pilot program.
(d) Parameters.--Under the pilot program required by subsection
(b)(1) the Secretary shall--
(1) identify three regional Native VetSuccess service areas
consisting of at least two participating Tribal colleges or
universities that do not already have a VetSuccess program,
counselor, or outreach coordinator; and
(2) assign to each regional Native VetSuccess service area a
VetSuccess on Campus counselor and a full-time Vet Center outreach
coordinator, both of whom shall--
(A) be based on one or more of the participating Tribal
colleges or universities in the service area; and
(B) provide for eligible students at such participating
colleges and universities with all services for which such
students would be eligible under the VetSuccess on Campus
program of the Department of Veterans Affairs.
(e) Eligible Students.--For purposes of the pilot program, an
eligible student is a student who is a veteran, member of the Armed
Forces, or dependent of a veteran or member of the Armed Forces who is
eligible for any service or benefit under the VetSuccess on Campus
program of the Department.
(f) Consultation Requirement.--In developing the pilot program
required by subsection (b)(1), the Secretary shall, acting through the
Veteran Readiness and Employment Program of the Department of Veterans
Affairs and in coordination with the Office of Tribal Government
Relations of the Department, consult with Indian Tribes, and Tribal
organizations, and seek comment from the Advisory Committee on Tribal
and Indian Affairs of the Department, and veterans service
organizations regarding each of the following:
(1) The design of the pilot program.
(2) The process for selection of the three regional Native
VetSuccess service areas and participating Tribal colleges and
universities, taking into consideration--
(A) the number of eligible students enrolled in the college
or university and in the regional service area;
(B) the capacity of the colleges and universities in the
regional service area to accommodate a full-time VetSuccess on
Campus counselor and a full-time Vet Center outreach
coordinator;
(C) barriers in specific regional service areas that
prevent native veterans' access to benefits and services under
the laws administered by the Secretary; and
(D) any other factor that the Secretary, in consultation
with Indian Tribes and Tribal organizations, and after
considering input from veterans service organizations and the
Advisory Committee on Tribal and Indian Affairs identifies as
relevant.
(3) The most effective way to provide culturally competent
outreach and services to eligible students at Tribal colleges and
universities.
(g) Outreach to Colleges and Universities.--The Secretary shall
provide notice of the pilot program to all Tribal colleges and
universities and encourage all Tribal colleges and universities to
coordinate with each other to create regional service areas to
participate in the pilot program.
(h) Briefings and Reports.--
(1) Implementation briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary shall provide the
appropriate committees of Congress a briefing on--
(A) the design, structure, and objectives of the pilot
program required by subsection (b)(1); and
(B) the three regional Native Vet Success service areas and
the Tribal colleges and universities selected for participation
in the pilot program and the reason for the selection of such
service areas and such colleges and universities.
(2) Report.--
(A) In general.--Not later than four years after the date
on which the Secretary commences the pilot program under
subsection (b)(1), the Secretary shall submit to the
appropriate committees of Congress a report on the pilot
program.
(B) Contents.--The report submitted under subparagraph (A)
shall include each of the following:
(i) The number of eligible students provided services
through the pilot program.
(ii) The types of services that eligible students
received through the pilot program.
(iii) The graduation rate of eligible students who
received services through the pilot program and graduation
rate of eligible students who did not receive services
through the pilot program.
(iv) The rate of employment within one year of
graduation for eligible students who received services
through the pilot program.
(v) Feedback from each Tribal college or university
that participated in the pilot program, including on the
regional nature of the program.
(vi) Analysis of the feasibility of expanding a
regionally based Native VetSuccess at Tribal Colleges and
Universities Program, including an explanation of the
challenges of such a model due to issues with distance,
communication, and coordination, and to the level of unmet
services.
(vii) A detailed proposal regarding a long-term
extension of the pilot program, including a budget, unless
the Secretary determines that such an extension is not
appropriate.
(i) Definitions.--In this section:
(1) Appropriate committee of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Indian Affairs of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives.
(2) Culturally competent.--The term ``culturally competent''
means considerate of the unique values, customs, traditions,
cultures, and languages of Native American veterans.
(3) Tribal college or university.--The term ``Tribal college or
university'' has the meaning given the term ``Tribal College or
University'' under section 316 of the Higher Education Act of 1965
(20 U.S.C. 1059c).
(4) Tribal organization.--The term ``Tribal organization'' has
the meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 212. EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES
REGARDING REGISTERED APPRENTICESHIPS.
Section 1144(b)(1) of title 10, United States Code, is amended by
inserting ``(including apprenticeship programs approved under chapters
30 through 36 of title 38)'' after ``employment opportunities''.
SEC. 213. WEBSITES REGARDING APPRENTICESHIP PROGRAMS.
(a) Website Under the Jurisdiction of Secretary of Labor.--The
Assistant Secretary of Labor for Veterans' Employment and Training, in
coordination with the Secretary of Veterans Affairs, shall establish a
user-friendly website (or update an existing website) that is available
to the public on which veterans can find information about
apprenticeship programs registered under the Act of August 16, 1937 (50
Stat. 664; commonly referred to as the ``National Apprenticeship Act'')
and approved under chapters 30 through 36 of title 38, United States
Code. Such information shall be searchable and sortable by occupation
and location, and include, with regard to each such program, the
following:
(1) A description, including any cost to a veteran.
(2) Contact information.
(3) Whether the program has been endorsed by a veterans service
organization or nonprofit organization that caters to veterans.
(4) Whether the program prefers to hire veterans.
(5) Each certification or degree an individual earns by
completing the program.
(b) Coordination With Other Website.--The Assistant Secretary shall
update all information regarding programs for veterans listed on
apprenticeship.gov (or any successor website) to include the
information specified under subsection (a).
SEC. 214. TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Paragraph (4) of section 3319(h) of title 38,
United States Code, is amended to read as follows:
``(4) Death of transferor.--
``(A) In general.--The death of an individual transferring
an entitlement under this section shall not affect the use of
the entitlement by the dependent to whom the entitlement is
transferred.
``(B) Death prior to transfer to designated transferees.--
(i) In the case of an eligible individual whom the Secretary
has approved to transfer the individual's entitlement under
this section who, at the time of death, is entitled to
educational assistance under this chapter and has designated a
transferee or transferees under subsection (e) but has not
transferred all of such entitlement to such transferee or
transferees, the Secretary shall transfer the entitlement of
the individual under this section by evenly distributing the
amount of such entitlement between all such transferees who
would not be precluded from using some or all of the
transferred benefits due to the expiration of time limitations
found in paragraph (5) of this subsection or section 3321 of
this title, notwithstanding the limitations under subsection
(f).
``(ii) If a transferee cannot use all of the transferred
benefits under clause (i) because of expiration of a time
limitation, the unused benefits will be distributed among the
other designated transferees who would not be precluded from
using some or all of the transferred benefits due to expiration
of time limitations found in paragraph (5) of this subsection
or section 3321 of this title, unless or until there are no
transferees who would not be precluded from using the
transferred benefits because of expiration of a time
limitation.''.
(b) Applicability.--Paragraph (4)(B) of section 3319(h) of title
38, United States Code, shall apply with respect to an eligible
individual who dies on or after November 1, 2018.
SEC. 215. USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS
SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM FOR
SECONDARY SCHOOL EDUCATION.
(a) In General.--Section 3501(a)(6) of title 38, United States
Code, is amended--
(1) by striking ``secondary school,''; and
(2) by striking ``secondary school level'' and inserting
``postsecondary school level''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2026, and shall apply with respect to an
academic period that begins on or after that date.
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.
(a) Establishment.--Chapter 36 of title 38, United States Code,
amended by inserting after section 3691 the following new section:
``Sec. 3691A. Withdrawal or leave of absence from certain education
``(a) In General.--(1) A covered member may, after receiving orders
to enter a period of covered service, withdraw or take a leave of
absence from covered education.
``(2)(A) The institution concerned may not take any adverse action
against a covered member on the basis that such covered member
withdraws or takes a leave of absence under paragraph (1).
``(B) Adverse actions under subparagraph (A) include the following:
``(i) The assignment of a failing grade to a covered member for
covered education.
``(ii) The reduction of the grade point average of a covered
member for covered education.
``(iii) The characterization of any absence of a covered member
from covered education as unexcused.
``(iv) The assessment of any financial penalty against a
covered member.
``(b) Withdrawal.--If a covered member withdraws from covered
education under subsection (a), the institution concerned shall refund
all tuition and fees (including payments for housing) for the academic
term from which the covered member withdraws.
``(c) Leave of Absence.--If a covered member takes a leave of
absence from covered education under subsection (a), the institution
concerned shall--
``(1) assign a grade of `incomplete' (or equivalent) to the
covered member for covered education for the academic term from
which the covered member takes such leave of absence; and
``(2) to the extent practicable, permit the covered member,
upon completion of the period covered service, to complete such
academic term.
``(d) Definitions.--In this section:
``(1) The term `covered education' means a course of
education--
``(A) at an institution of higher education; and
``(B) paid for with educational assistance furnished under
a law administered by the Secretary.
``(2) The term `covered member' means a member of the Armed
Forces (including the reserve components) enrolled in covered
education.
``(3) The term `covered service' means--
``(A) active service or inactive-duty training, as such
terms are defined in section 101 of title 10; or
``(B) State active duty, as defined in section 4303 of this
title.
``(4) The term `institution concerned' means, with respect to a
covered member, the institution of higher education where the
covered member is enrolled in covered education.
``(5) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
``(6) The term `period of covered service' means the period
beginning on the date on which a covered member enters covered
service and ending on the date on which the covered member is
released from covered service or dies while in covered service.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such chapter is amended by inserting after the item relating to section
3691 the following new item:
``3691A.Withdrawal or leave of absence from certain education.''.
Subtitle C--GI Bill National Emergency Extended Deadline Act
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``GI Bill National Emergency
Extended Deadline Act of 2022''.
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.
(a) Montgomery GI Bill.--Section 3031 of title 38, United States
Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for educational
assistance under this chapter who is prevented from pursuing the
individual's chosen program of education before the expiration of the
10-year period for the use of entitlement under this chapter otherwise
applicable under this section because of a covered reason, as
determined by the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the individual
is able to resume pursuit of a program of education with
educational assistance under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from pursuing
the individual's chosen program of education, as determined by the
Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1) of such
title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)''; and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall apply
with respect to the running of the 15-year period described in
paragraphs (4)(A) and (5)(A) of this subsection in the same manner
as such subsection (i) applies under such section 3031 with respect
to the running of the 10-year period described in subsection (a) of
such section.''.
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.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a vocational
rehabilitation program under this chapter and who is prevented from
participating in the vocational rehabilitation program within the
period of eligibility prescribed in subsection (a) because of a covered
reason, as determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the veteran is
able to resume participation in a vocational rehabilitation
program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 234. PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3512 of title 38, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of this section, the
following persons may be afforded educational assistance under this
chapter at any time after August 1, 2023, and without regard to the age
of the person:
``(1) A person who first becomes an eligible person on or after
August 1, 2023.
``(2) A person who--
``(A) first becomes an eligible person before August 1,
2023; and
``(B) becomes 18 years of age, or completes secondary
schooling, on or after August 1, 2023.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``The educational'' and
inserting ``Except as provided in subsection (g), the
educational'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``subsection (g) or''
after ``provided in''; and
(B) in paragraph (2), by striking ``Notwithstanding'' and
inserting ``Except as provided in subsection (g),
notwithstanding''; and
(3) in subsection (e), by striking ``No person'' and inserting
``Except as provided in subsection (g), no person''.
Subtitle D--Rural Veterans Travel Enhancement
SEC. 241. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON FRAUD,
WASTE, AND ABUSE OF THE DEPARTMENT OF VETERANS AFFAIRS
BENEFICIARY TRAVEL PROGRAM.
(a) Study and Report Required.--Not later than three years after
the date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) complete a study on fraud, waste, and abuse of the benefits
furnished under section 111 of title 38, United States Code, that
may have occurred during the five-year period ending on the date of
the enactment of this Act; and
(2) submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller General
with respect to the study completed under paragraph (1).
(b) Elements.--Study conducted under subsection (a)(1) shall cover
the following:
(1) The quantity and monetary amount of claims that have been
adjudicated as fraudulent or improper, disaggregated, to the extent
possible, by general health care travel and by special mode of
transportation.
(2) Instances of potential fraud or improper payments that may
have occurred but were not detected, disaggregated, to the extent
possible, by general health care travel and by special mode of
transportation.
(3) The efforts of the Secretary of Veterans Affairs to
mitigate fraud and the effectiveness of the efforts of the
Secretary.
(4) Assessment of communication and training provided by the
Department of Veterans Affairs to employees and contractors
handling claims filed under section 111 of such title regarding
fraud.
(5) Such recommendations as the Comptroller General may have
for further mitigation of fraud, waste, and abuse.
SEC. 242. COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF
DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM MILEAGE
REIMBURSEMENT AND DEDUCTIBLE AMOUNTS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) complete a study on--
(A) the efficacy of the current mileage reimbursement rate
under subsection (a) of section 111 of title 38, United States
Code, in mitigating the financial burden of transportation
costs for traveling to and from Department of Veterans Affairs
medical facilities for medical care;
(B) the origins of the amount of the deductible under
subsection (c) of such section and its impact on the efficacy
of the benefits provided under such section in mitigating
financial burden on veterans seeking medical care; and
(C) developing such recommendations as the Comptroller
General may have for how this program or another transportation
assistance program could further encourage veterans, especially
low-income veterans, to seek medical care, especially mental
health care; and
(2) submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller General
with respect to the study completed under paragraph (1).
SEC. 243. DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT
PROGRAM FOR LOW INCOME VETERANS.
(a) Pilot Program Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program to assess the feasibility and
advisability of providing payments authorized under subsection (a) of
section 111 of title 38, United States Code, 48 hours in advance of
travel to eligible appointments to veterans and other eligible
individuals who are also eligible for a deduction waiver as provided by
paragraphs (3) and (4) of subsection (c) of such section.
(b) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement
of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the
completion of the pilot program, the Secretary shall submit to
Congress a report on the findings of the Secretary with respect to
the pilot program.
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) The number of individuals who benefitted from the pilot
program broken, disaggregated by geographic location, race or
ethnicity, age, disability rating, and sex.
(B) Average distance traveled by participants to
appointments and average funds provided per appointment,
disaggregated by geographic region.
(C) A description of any impediments to carrying out the
pilot program.
(D) An account of payments provided for travel that did not
occur or was authorized incorrectly.
(E) An account of any attempts to retrieve such payment.
(F) Recommendations of the Secretary for legislative or
administrative action to reduce improper payments.
(G) An assessment of the feasibility and advisability of
providing payments as described in subsection (a).
SEC. 244. PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR ACCESSING
READJUSTMENT COUNSELING SERVICES.
(a) Pilot Program Required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary shall establish and
commence a pilot program, within the Readjustment Counseling Services
of the Veterans Health Administration, to assess the feasibility and
advisability of providing payment to cover or offset financial
difficulties of an individual in accessing or using transportation to
and from the nearest Vet Center service site providing the necessary
readjustment counseling services for the individual's plan of service.
(b) Participation.--
(1) In general.--In carrying out the pilot program required by
subsection (a), the Secretary shall limit participation--
(A) by individuals pursuant to paragraph (2); and
(B) by Vet Centers pursuant to paragraph (3).
(2) Participation by individuals.--
(A) In general.--The Secretary shall limit participation in
the pilot program to individuals who are eligible for services
at a participating Vet Center and experiencing financial
hardship.
(B) Financial hardship.--The Secretary shall determine the
meaning of ``financial hardship'' for purposes of subparagraph
(A).
(3) Participation of vet centers.--Vet Centers participating in
the program shall be chosen by the Secretary from among those
serving individuals in areas designated by the Secretary as rural
or highly rural or Tribal lands.
(c) Travel Allowances and Reimbursements.--Under the pilot program
required by subsection (a), the Secretary shall provide a participating
individual a travel allowance or reimbursement at the earliest time
practicable, but not later than 10 business days after the date of the
appointment.
(d) Duration.--The Secretary shall carry out the pilot program
required by subsection (a) during the five-year period beginning on the
date of the commencement of the pilot program.
(e) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the Secretary
for purposes of the pilot program.
(2) Existing initiative.--
(A) Locations participating in existing initiative.--Of the
locations selected under paragraph (1), four shall be the
locations participating in the initiative commenced under
section 104(a) of the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012 (Public Law 112-154), as
most recently amended by section 105 of the Continuing
Appropriations and Ukraine Supplemental Appropriations Act,
2023 (Public Law 117-180), as of the date of the enactment of
this Act.
(B) Termination of existing initiative.--Section 104(a) of
the Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012, as so amended, is further amended by
striking ``September 30, 2023'' and inserting ``the date on
which the pilot program required by subsection (a) of section
244 of the Joseph Maxwell Cleland and Robert Joseph Dole
Memorial Veterans Benefits and Health Care Improvement Act of
2022 commences at each of the locations described in subsection
(e)(2)(A) of such section''.
(f) Annual Reports.--
(1) In general.--Not later than one year after the date of the
commencement of the pilot program required by subsection (a) and
each year thereafter for the duration of the pilot program, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary with
respect to the pilot program.
(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
(A) The number of individuals who benefitted from the pilot
program, disaggregated by age, race or ethnicity, and sex, to
the extent possible.
(B) The average distance traveled by each individual per
each Vet Center.
(C) The definition of financial hardship determined by the
Secretary under subsection (b)(2)(B).
(D) A description of how the funds are distributed.
(E) The average amount of funds distributed per instance,
disaggregated by Vet Center.
(F) A description of any impediments to the Secretary in
paying expenses or allowances under the pilot program.
(G) An assessment of the potential for fraudulent receipt
of payment under the pilot program and the recommendations of
the Secretary for legislative or administrative action to
reduce such fraud.
(H) Such recommendations for legislative or administrative
action as the Secretary considers appropriate with respect to
the payment of expenses or allowances.
(g) Vet Center Defined.--In this section, the term ``Vet Center''
means a center for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
Subtitle E--VA Beneficiary Debt Collection Improvement Act
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``VA Beneficiary Debt Collection
Improvement Act of 2022''.
SEC. 252. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO DELAY
IN PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Bar to Recovery.--
(1) In general.--Chapter 53 of title 38, United States Code, is
amended by inserting after section 5302A the following new section:
``Sec. 5302B. Prohibition of debt arising from overpayment due to delay
in processing
``(a) Limitation.--(1) Except as provided in paragraph (2), no
individual may incur a debt to the United States that--
``(A) arises from the participation of the individual in a
program or benefit administered by the Under Secretary for
Benefits; and
``(B) is attributable to the failure of an employee or official
of the Department to process information provided by or on behalf
of that individual within applicable timeliness standards
established by the Secretary.
``(2) Nothing in this section shall be construed to affect the
penal and forfeiture provisions for fiduciaries set forth in chapter 61
of this title.
``(b) Notice.--(1) If the Secretary determines that the Secretary
has made an overpayment to an individual, the Secretary shall provide
notice to the individual of the overpayment.
``(2) Notice under paragraph (1) shall include a detailed
explanation of the right of the individual--
``(A) to dispute the overpayment, including a detailed
explanation of the process by which to dispute the overpayment; or
``(B) to request a waiver of indebtedness.
``(c) Delay on Collection.--(1) Subject to paragraph (2), the
Secretary may not take any action under section 3711 of title 31
regarding an overpayment described in a notice under subsection (b) of
this section until the date that is 90 days after the date the
Secretary issues such notice.
``(2) The Secretary may take action under section 3711 of title 31
regarding an overpayment described in a notice under subsection (b) of
this section before the date that is 90 days after the date the
Secretary issues such notice if the Secretary determines that delaying
such action is--
``(A) likely to make repayment of such overpayment more
difficult for an individual;
``(B) likely to cause an unpaid debt to be referred to the
Treasury Offset Program; or
``(C) not in the best interest of the individual.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 5302A the following new item:
``5302B. Prohibition of debt arising from overpayment due to delay in
processing.''.
(3) Deadline.--The Secretary of Veterans Affairs shall
prescribe regulations to establish standards under section
5302B(a)(2) of such title, as added by subsection (a), not later
than 180 days after the date of the enactment of this Act.
(b) Plan for Improved Notification and Communication of Debts.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and one year thereafter, the Secretary of
Veterans Affairs shall provide the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House
of representatives a briefing and submit to such committees a
report on the improvement of the notification of and communication
with individuals who receive overpayments made by the Secretary.
(2) Contents.--Each report under paragraph (1) shall include
each of the following:
(A) The plan of the Secretary to carry out each of the
following:
(i) The development and implementation of a mechanism
by which individuals enrolled in the patient enrollment
system under section 1705 of title 38, United States Code,
may view their monthly patient medical statements
electronically.
(ii) The development and implementation of a mechanism
by which individuals eligible for benefits under the laws
administered by the Secretary may receive electronic
correspondence relating to debt and overpayment
information.
(iii) The development and implementation of a mechanism
by which individuals eligible for benefits under the laws
administered by the Secretary may access information
related to Department of Veterans Affairs debt
electronically.
(iv) The improvement and clarification of Department
communications relating to overpayments and debt
collection, including letters and electronic correspondence
and including information relating to the most common
reasons individuals eligible for benefits under the laws
administered by the Secretary incur debts to the United
States and the process for requesting a waiver of such
debt. The Secretary shall develop such improvements and
clarifications in consultation with veterans service
organizations, labor organizations that represent employees
of the Department, other relevant nongovernmental
organizations, the Committee on Veterans' Affairs of the
Senate, and the Committee on Veterans' Affairs of the House
of Representatives.
(B) A description of the current efforts and plans for
improving the accuracy of payments to individuals entitled to
benefits under the laws administered by the Secretary,
including specific data matching agreements.
(C) A description of steps to be taken to improve the
identification of underpayments to such individuals and to
improve Department procedures and policies to ensure that such
individuals who are underpaid receive adequate compensation
payments.
(D) A list of actions completed, implementation steps, and
timetables for each requirement described in subparagraphs (A)
through (C).
(E) A description of any new legislative authority required
to complete any such requirement.
SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST
AND ADMINISTRATIVE COST CHARGES FOR DEBTS RELATING TO CERTAIN
BENEFITS PROGRAMS.
(a) In General.--Section 5315(a)(1) of title 38, United States
Code, is amended--
(1) by striking ``other than a loan'' and all that follows
through the semicolon and inserting ``other than--''; and
(2) by adding at the end the following new subparagraphs:
``(A) a loan, loan-guaranty, or loan-insurance program;
``(B) a disability compensation program;
``(C) a pension program; or
``(D) an educational assistance program.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to an indebtedness that occurs on or after the date
of the enactment of this Act.
SEC. 254. EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF
DEBT ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Section 5302(a) of title 38, United States Code,
is amended by striking ``180 days'' and inserting ``one year''.
(b) Effective Date.--Subsection (a) shall take effect on the date
that is two years after the date of the enactment of this Act.
SEC. 255. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS
AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO THE UNITED STATES.
(a) Limitation on Indebtedness Offsets.--Subsection (a) of section
5314 of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not make a deduction under paragraph (1)
while the existence or amount of such indebtedness is disputed under
section 5314A of this title.''.
(b) Administrative Process for Dispute of Existence or Amount of
Indebtedness.--
(1) Establishment.--Chapter 53 of title 38, United States Code,
is amended by inserting after section 5314 the following new
section:
``Sec. 5314A. Dispute of indebtedness
``(a) Establishment.--The Secretary shall prescribe regulations
that establish an administrative process for the dispute of the
existence or amount of an indebtedness described in section 5314(a)(1)
of this title (without regard to whether the Secretary has made a
deduction under such section regarding such indebtedness).
``(b) Standards.--The process under subsection (a) shall be
efficient, effective, and equitable.
``(c) Timeliness.--The Secretary shall ensure that each dispute
under subsection (a) proceeds in accordance with standards for
timeliness prescribed by the Secretary under this section.
``(d) Limitation.--The Secretary may not submit to any debt
collector (as defined in section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a)) any dispute pending under this
section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to modify the procedures for seeking review of a decision of
the agency of original jurisdiction described in section 5104C(a)(1) of
this title.''.
(2) Existing administrative process.--The Secretary of Veterans
Affairs shall carry out section 5314A of such title, as added by
paragraph (1), by improving the administrative process of the
Department of Veterans Affairs for the dispute of the existing or
amount of an indebtedness that was in effect on the day before the
date of the enactment of this Act.
(3) Improvements to department website and notices.--In
carrying out paragraph (2), the Secretary shall--
(A) improve the website of the Department; and
(B) ensure that such website and written notices sent to a
person about indebtedness described in section 5314(a) of title
38, United States Code, contain all information a person needs
to dispute such an indebtedness, including a description of--
(i) the specific actions the person will need to take
in order to dispute the indebtedness;
(ii) the documentation that will be required for the
dispute; and
(iii) how the documentation is to be submitted.
(4) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 5314 the following new item:
``5314A. Dispute of indebtedness.''.
(c) Limitation on Authority To Recover Debts.--Section 5302(a) of
title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not seek to recover an indebtedness
described in paragraph (1) if the Secretary determines that the cost to
the Department to recover such indebtedness, as determined when the
debt is established, would exceed the amount of the indebtedness.''.
TITLE III--HOMELESSNESS MATTERS
SEC. 301. ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF
VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS TO SERVE
HOMELESS VETERANS.
(a) Elimination of Matching Requirement.--
(1) In general.--Section 2011(c) of title 38, United States
Codes, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) Applicability.--The amendments made by paragraph (1) shall
apply with respect to any grant awarded under section 2011 of title
38, United States Code, on or after the date of the enactment of
this Act.
(3) Determination of amount of grant.--On or after the date
that is five years after the date of the enactment of this Act, the
Secretary of Veterans Affairs may determine the maximum amount of a
grant under section 2011 of title 38, United States Code, which
shall be not less than 70 percent of the estimated cost of the
project concerned.
(4) Sunset.--Section 4201(b)(2) of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 (Public Law 116-315; 134 Stat. 5009; 38 U.S.C. 2011 note) is
amended--
(A) by striking ``Subsection (c)(2)'' and inserting the
following:
``(A) In general.--Subsection (c)(2)''; and
(B) by adding at the end the following new subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be effective
on the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022.''.
(b) Elimination of Property Disposition Requirements.--
(1) In general.--A recipient of a grant awarded under section
2011 of title 38, United States Code, on or after the date of the
enactment of this Act for a project described in subsection (b)(1)
of such section shall not be subject to any real property or
equipment disposition requirements relating to the grant under
section 61.67 of title 38, Code of Federal Regulations, sections
200.311(c) and 200.313(e) of title 2, Code of Federal Regulations,
or successor regulations.
(2) Sunset.--Section 4201(b)(6) of the Johnny Isakson and David
P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of
2020 (Public Law 116-315; 134 Stat. 5010; 38 U.S.C. 2011 note) is
amended--
(A) by striking ``During'' and inserting the following:
``(A) In general.--During''; and
(B) by adding at the end the following new subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be effective
on the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022.''.
SEC. 302. MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF HOUSING
BY FORMERLY HOMELESS VETERANS AND VETERANS AT RISK OF BECOMING
HOMELESS.
Section 2013 of title 38, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by inserting after subsection (a) the following new
subsections:
``(b) Services.--Services provided under the program shall include
services to assist veterans described in subsection (a) with navigating
resources provided by the Federal Government and State, local, and
Tribal governments.
``(c) Staffing.--In geographic areas where individuals who meet the
licensure and certification requirements to provide services under the
program are in high demand as determined by the Secretary, such
services may be provided through one or more individuals with a
master's degree in social work who are undergoing training to meet such
requirements, if such individuals are under the supervision of an
individual who meets such requirements.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(3) The Secretary shall require each recipient of a grant awarded
under this subsection to submit to the Secretary a report that
describes the services provided or coordinated with amounts under such
grant.''.
SEC. 303. MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION
PROGRAMS.
(a) In General.--Section 2021 of title 38, United States Code, is
amended to read as follows:
``Sec. 2021. Homeless veterans reintegration programs
``(a) In General.--Subject to the availability of appropriations
provided for such purpose, the Secretary of Labor shall conduct,
directly or through grant or contract, such programs as that Secretary
determines appropriate to provide job training, counseling, and
placement services (including job readiness and literacy and skills
training) to expedite the reintegration into the labor force of--
``(1) homeless veterans, including--
``(A) veterans who were homeless but found housing during
the 60-day period preceding the date on which the veteran
begins to participate in a program under this section; and
``(B) veterans who are at risk of homelessness during the
60-day period beginning on the date on which the veteran begins
to participate in a program under this section;
``(2) veterans participating in the Department of Housing and
Urban Development-Department of Veterans Affairs supported housing
program for which rental assistance is provided pursuant to section
8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)) or the Tribal HUD-VA Supportive Housing (Tribal HUD-
VASH) program;
``(3) Indians who are veterans and receiving assistance under
the Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.);
``(4) veterans described in section 2023(d) of this title or
any other veterans who are transitioning from being incarcerated;
and
``(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized in
section 2044 of this title.
``(b) Grants.--(1) In awarding grants for purposes of conducting
programs described in subsection (a), the Secretary of Labor shall, to
the maximum extent practicable, consider applications for fundable
grants from entities in all States.
``(2) In each State in which no entity has been awarded a grant
described in paragraph (1) as of the date of the enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans
Benefits and Health Care Improvement Act of 2022, the Secretary of
Labor shall, in coordination with the Director of Veterans' Employment
and Training in the State, organize and conduct an outreach and
education program to ensure communities are aware of the programs
conducted under this section and the benefits of the programs.
``(c) Training and Technical Assistance.--(1) The Secretary of
Labor shall provide training and technical assistance to entities
seeking a grant or contract under this section and recipients of a
grant or contract under this section regarding the planning,
development, and provision of services for which the grant or contract
is awarded, including before and during the grant application or
contract award period.
``(2) The training and technical assistance provided under
paragraph (1) shall include outreach and assistance specifically
designed for entities serving regions and populations underserved by
the programs conducted under this section.
``(3) The Secretary of Labor may provide training and technical
assistance under paragraph (1) directly or through grants or contracts
with such public or nonprofit private entities as that Secretary
considers appropriate.
``(d) Requirement to Monitor Expenditures of Funds.--(1) The
Secretary of Labor shall collect such information as that Secretary
considers appropriate to monitor and evaluate the distribution and
expenditure of funds appropriated to carry out this section.
``(2) Information collected under paragraph (1) shall include data
with respect to the results or outcomes of the services provided to
each homeless veteran under this section.
``(3) Information collected under paragraph (1) shall be furnished
in such form and manner as the Secretary of Labor may specify.
``(e) Administration Through Assistant Secretary of Labor for
Veterans' Employment and Training.--The Secretary of Labor shall carry
out this section through the Assistant Secretary of Labor for Veterans'
Employment and Training.
``(f) Provision of Services to Veterans in Certain Institutions.--
(1) The Attorney General of the United States shall permit a recipient
of a grant or contract under this section or section 2023 of this title
to provide services under this section or section 2023 of this title to
any veteran described in subsection (a)(4) who is residing in a penal
institution under the jurisdiction of the Bureau of Prisons.
``(2) The recipient of a grant or contract under this section may
provide to officials of an institution described in paragraph (1)
information regarding the services provided to veterans under this
section and section 2023 of this title during the 18-month period
preceding the release or discharge of a veteran from the institution.
``(g) Report on Services Provided.--(1) The Secretary of Labor
shall require each recipient of a grant or contract under this section
to submit to that Secretary a report on the services provided and
veterans served using grant or contract amounts not later than 90 days
after the end of each program year, beginning with the program year the
begins after the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022.
``(2) To the extent practicable, each report submitted under
paragraph (1) shall--
``(A) disaggregate the number of veterans served by--
``(i) sex;
``(ii) age;
``(iii) race;
``(iv) ethnicity;
``(v) approximate era in which the veteran served in the
Armed Forces;
``(vi) the highest level of education attained;
``(vii) the average period of time the veteran was
unemployed or underemployed before receiving services under
this section and while receiving such services; and
``(viii) housing status as of--
``(I) the date on which the veteran is first enrolled
in services under this section; and
``(II) any subsequent date, if such data is available;
and
``(B) include data on the number of veterans receiving services
under this section who are eligible for health care and benefits
provided by the Department of Veterans Affairs.
``(h) Reports to Congress.--(1) Not less frequently than every two
years, the Secretary of Labor shall submit to Congress a report on the
programs conducted under this section. The Secretary of Labor shall
include in the report the following:
``(A) An evaluation of services furnished to veterans under
this section.
``(B) An analysis of the information collected under subsection
(d).
``(C) An identification of--
``(i) the total number of applications for grants under
this section that the Secretary of Labor received during the
fiscal year preceding the date on which the report is
submitted; and
``(ii) the number of such applications that were denied.
``(D) With respect to each State in which no entity was awarded
a grant under this section during the fiscal year preceding the
date on which the report is submitted--
``(i) an identification of the top five reasons why
entities that applied for such a grant were not awarded the
grant; and
``(ii) information regarding the specific criteria used to
score the applications and an explanation of if, how, or why
such criteria differed from the previous fiscal year.
``(2) Not later than 180 days after the end of the program year
that begins after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, and not later than 120 days after the end
of each program year thereafter, the Secretary of Labor shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report setting
forth the following:
``(A) Data obtained from the reports submitted under subsection
(g), disaggregated by geographic location.
``(B) The number of grants and contracts not awarded under this
section due to insufficient funds.
``(C) The number of returning recipients of grants or contracts
that were and were not awarded grants or contracts under this
section during the most recent application cycle.
``(D) The number of applications received from entities in
States in which no entities received a grant or contract under this
section.
``(E) The number of veterans who were admitted to a program
conducted under this section but not placed in a job following
participation in such program, disaggregated by geographic
location, age, sex, and race or ethnicity.
``(i) Authorization of Appropriations.--(1) There are authorized to
be appropriated to carry out this section amounts as follows:
``(A) $50,000,000 for fiscal year 2002.
``(B) $50,000,000 for fiscal year 2003.
``(C) $50,000,000 for fiscal year 2004.
``(D) $50,000,000 for fiscal year 2005.
``(E) $50,000,000 for fiscal year 2006.
``(F) $50,000,000 for each of fiscal years 2007 through 2023.
``(G) $60,000,000 for fiscal year 2024 and each fiscal year
thereafter.
``(2) Funds appropriated to carry out this section shall remain
available until expended. Funds obligated in any fiscal year to carry
out this section may be expended in that fiscal year and the succeeding
fiscal year.''.
(b) Conforming Amendment.--Section 2021A(e) of title 38, United
States Code, is amended by striking ``section 2021(d)'' and inserting
``section 2021(h)(1)''.
SEC. 304. EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS
HOUSING ASSISTANCE FOR HOMELESS VETERANS.
(a) Expansion.--Subsection (a) of section 2041 of title 38, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``or permanent housing'' after ``shelter'';
(B) in subparagraph (A), by striking ``named in, or
approved by the Secretary under, section 5902 of this title''
and inserting ``that is the recipient of a grant under section
2011, 2013, 2044, or 2061 of this title''; and
(C) in subparagraph (B), by inserting ``or tribal entity,''
after ``State''; and
(2) in paragraph (3)(B)--
(A) in clause (i)--
(i) by inserting ``or permanent housing'' after
``shelter'';
(ii) by inserting ``(I)'' before ``utilize'';
(iii) by striking the comma and inserting ``; or''; and
(iv) by adding at the end the following new subclause:
``(II) sell or rent the property directly to homeless
veterans or veterans at risk of homelessness;''; and
(B) in each of clauses (ii) and (iii), by striking the
comma and inserting a semicolon.
(b) Extension.--Subsection (c) of such section is amended by
striking ``September 30, 2017'' and inserting ``September 30, 2026''.
SEC. 305. TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY SECRETARY
OF VETERANS AFFAIRS TO CERTAIN ENTITIES.
(a) Supportive Services for Very Low-income Families in Permanent
Housing.--Section 2044(e) of title 38, United States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by striking ``(1) From amounts'' and inserting ``From
amounts''.
(b) Comprehensive Service Programs.--
(1) In general.--Subchapter II of chapter 20 of title 38,
United States Code, is amended--
(A) by redesignating section 2014 as section 2016; and
(B) by inserting after section 2013 the following new
sections 2014 and 2015:
``Sec. 2014. Training and technical assistance for recipients of
certain financial assistance
``(a) In General.--The Secretary shall provide training and
technical assistance to recipients of grants under sections 2011 and
2013 of this title and recipients of per diem payments under sections
2012 and 2061 of this title regarding the planning, development, and
provision of services for which the grant or payment is made.
``(b) Provision of Training and Technical Assistance.--The
Secretary may provide training and technical assistance under
subsection (a) directly or through grants or contracts with such public
or nonprofit private entities as the Secretary considers appropriate.
``Sec. 2015. Training and technical assistance for entities regarding
services provided to veterans at risk of, experiencing, or
transitioning out of homelessness
``(a) In General.--The Secretary shall provide training and
technical assistance to entities serving veterans at risk of,
experiencing, or transitioning out of homelessness regarding--
``(1) the provision of such services to such veterans; and
``(2) the planning and development of such services.
``(b) Coordination.--The Secretary may coordinate the provision of
training and technical assistance under subsection (a) with the
Secretary of Housing and Urban Development and the Secretary of Labor.
``(c) Elements.--The training and technical assistance provided
under subsection (a) shall include coordination and communication of
best practices among all programs administered by the Veterans Health
Administration directed at serving veterans at risk of, experiencing,
or transitioning out of homelessness.
``(d) Provision of Training.--The Secretary may provide the
training and technical assistance under subsection (a) directly or
through grants or contracts with such public or nonprofit private
entities as the Secretary considers appropriate.''.
(2) Use of amounts.--The Secretary of Veterans Affairs shall
provide training and technical assistance under sections 2014 and
2015 of such title, as inserted by paragraph (1)(B), using amounts
appropriated or otherwise made available to the Department of
Veterans Affairs on or after the date of the enactment of this Act.
(3) Conforming amendment.--Section 20013(a) of the Coronavirus
Aid, Relief, and Economic Security Act (38 U.S.C. 2011 note) is
amended by striking ``2014'' and inserting ``2016''.
(4) Clerical amendment.--The table of sections at the beginning
of chapter 20 of such title is amended by striking the item
relating to section 2014 and inserting the following new items:
``2014. Training and technical assistance for recipients of certain
financial assistance.
``2015. Training and technical assistance for entities regarding
services provided to veterans at risk of, experiencing, or
transitioning out of homelessness.
``2016. Authorization of appropriations.''.
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.
Section 304(c)(2)(A) of the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012 (38 U.S.C. 2041 note) is
amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) providing case management services to veterans for
obtaining suitable housing at varying locations nationwide or
in the area or areas similar to where the services will be
provided under the relevant contract or agreement;''.
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.
(a) In General.--The Under Secretary for Health of the Department
of Veterans Affairs shall--
(1) provide to staff of medical centers of the Department of
Veterans Affairs and homelessness service providers of the
Department the information described in subsection (b); and
(2) ensure that such information, and other resources the Under
Secretary determines are appropriate, are accessible to such staff
and providers.
(b) Information Described.--The information described in this
subsection is information related to best practices with respect to the
collaboration between medical centers of the Department of Veterans
Affairs, homelessness service providers of the Department, and local
partners (including local offices of the Department of Housing and
Urban Development or public housing agencies, and private and public
local community organizations) on the centralized or coordinated
assessment systems established and operated by Continuums of Care under
section 578.7(a)(8) of title 24, Code of Federal Regulations, including
making referrals and sharing data, as the Under Secretary determines
appropriate.
SEC. 308. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH
EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PROGRAMS.
The Under Secretary for Health of the Department of Veterans
Affairs shall clearly communicate with employees of the Department of
Veterans Affairs whose responsibilities are related to homelessness
assistance programs regarding--
(1) the measurement of performance of such programs by the
Homeless Programs Office of the Department; and
(2) how to obtain and provide feedback about performance
measures.
SEC. 309. SYSTEM FOR SHARING AND REPORTING DATA.
(a) In General.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall work together to
develop a system for effectively sharing and reporting data between the
community-wide homeless management information system described in
section 402(f)(3) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360a(f)(3)) and the Homeless Operations Management and
Evaluation System of the Department of Veterans Affairs.
(b) Deadline.--The Secretary of Veterans Affairs and the Secretary
of Housing and Urban Development shall ensure that the system developed
under subsection (a) is operational not later than three years after
the date of the enactment of this Act.
SEC. 310. PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOMELESS
VETERANS.
(a) Pilot Program Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to meet the health
care needs of--
(1) veterans who are homeless;
(2) veterans who were previously homeless and are transitioning
to permanent housing; and
(3) veterans who are at risk of becoming homeless.
(b) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(c) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award grants to eligible entities for the purpose
described in subsection (a).
(2) Eligible entities.--For purposes of this section, an
eligible entity is any entity that is providing transitional
housing services to veterans as of the date on which the entity
applies for a grant under this section.
(3) Preference.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that are
recipients of grants under sections 2012 and 2061 of title 38,
United States Code, as of the date on which the entity applies for
a grant under this section.
(4) Equitable distribution; prioritization.--
(A) Equitable distribution.--The Secretary shall ensure
that, to the extent practicable, grant amounts awarded under
paragraph (1) are equitably distributed among eligible entities
across geographic regions.
(B) Prioritization.--In awarding grants under this section,
and in compliance with paragraphs (2) and (3), the Secretary
may prioritize eligible entities located--
(i) in rural communities;
(ii) on Tribal lands; and
(iii) in areas where there is a significant population
of veterans aged 55 years old and older.
(5) Intervals of payment and maximum grant amount.--The
Secretary may establish intervals of payment for the administration
of grants under this section and a maximum grant amount to be
awarded, in accordance with the services being provided by staff
hired using grant amounts and the duration of such services.
(d) Use of Grant Amounts.--The recipient of a grant under the pilot
program--
(1) shall use grant amounts for the hiring of appropriately
qualified medical staff to care for veterans described in
subsection (a) who require assistance with activities of daily
living or need consistent medical attention and monitoring; and
(2) may use such amounts for supplies, administrative support,
and infrastructure needs associated with the duties of such staff
and the needs of such veterans.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts that such
services are being paid for, in whole or in part, by the
Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of the law regarding the delivery of health
care by the Secretary;
(B) inform each veteran who receives assistance under this
section from the entity of the ability of the veteran to apply
for enrollment in the patient enrollment system of the
Department under section 1705(a) of title 38, United States
Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can assist
the veteran in such enrollment.
(f) Report on Services Provided.--The Secretary shall require each
eligible entity awarded a grant under this section to submit to the
Secretary a report that describes the services provided or coordinated
with amounts under such grant.
(g) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date on which the pilot
program commences.
(h) Reports to Congress.--
(1) In general.--Not later than one year after the date on
which the first grants are awarded under this section, and annually
thereafter until the program terminates, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the effectiveness of the program.
(2) Elements.--The report required by paragraph (1) shall
include the number of veterans served by the pilot program under
the care of a staff member the funding for whom is provided by a
grant under the program, disaggregated by--
(A) geographic location;
(B) sex;
(C) age;
(D) race and ethnicity;
(E) whether or not a veteran received health care from the
Department during the two-year period preceding the date on
which the veteran began participating in the program;
(F) the number of veterans who transitioned into permanent
housing as a result of participation in the program;
(G) with respect to veterans who did not transition into
permanent housing as a result of participation in the program,
the main reasons for not so transitioning;
(H) discharge status; and
(I) eligibility for health care provided by the Department
of Veterans Affairs.
SEC. 311. PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE
DISORDER RECOVERY FOR HOMELESS VETERANS.
(a) Pilot Program Required.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence carrying out a pilot program under which the Secretary shall
award grants to eligible entities for the provision or coordination of
services for recovery from substance use disorder for veterans who are
homeless, were previously homeless and are transitioning to permanent
housing, or are at risk of becoming homeless.
(b) Duration.--The Secretary shall carry out the pilot program
during the five-year period beginning on the date of the commencement
of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award a grant to an eligible entity for each
veteran with substance use disorder participating in the pilot
program for which the eligible entity is providing or coordinating
the provision of recovery services for substance use disorder under
the pilot program.
(2) Intervals of payment and maximum amounts.--The Secretary
may establish intervals of payment for the administration of grants
under this section and a maximum amount to be awarded, in
accordance with the services being provided and the duration of
such services.
(3) Preference.--In awarding grants under paragraph (1), the
Secretary shall give preference to eligible entities providing or
coordinating the provision of recovery services for substance use
disorder for veterans with substance-use dependency who face
barriers in accessing substance-use recovery services from the
Department of Veterans Affairs.
(4) Equitable distribution.--The Secretary shall ensure that,
to the extent practicable, grant amounts awarded under paragraph
(1) are equitably distributed across geographic regions, including
rural and Tribal communities.
(5) Report on services provided.--The Secretary shall require
each eligible entity awarded a grant under paragraph (1) to submit
to the Secretary a report that describes the services provided or
coordinated with amounts under such grant.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts that such
services are being paid for, in whole or in part, by the
Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of law regarding the delivery of health care
by the Secretary;
(B) inform each veteran who receives assistance under this
section from the entity of the ability of the veteran to apply
for enrollment in the patient enrollment system of the
Department under section 1705(a) of title 38, United States
Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can assist
the veteran in such enrollment.
(f) Grant Application.--
(1) In general.--An eligible entity seeking the award of a
grant under this section shall submit to the Secretary an
application therefor in such form, in such manner, and containing
such commitments and information as the Secretary considers
necessary to carry out this section.
(2) Contents of application.--Each application submitted by an
eligible entity under paragraph (1) shall contain the following:
(A) A description of the recovery services for substance
use disorder proposed to be provided by the eligible entity
under the pilot program and the identified need for those
services.
(B) A description of the types of veterans with substance
use disorder proposed to be provided such recovery services.
(C) An estimate of the number of veterans with substance
use disorder proposed to be provided such recovery services.
(D) Evidence of the experience of the eligible entity in
providing such recovery services to veterans with substance use
disorder.
(E) A description of the managerial capacity of the
eligible entity--
(i) to assess continually the needs of veterans with
substance use disorder for such recovery services;
(ii) to coordinate the provision of such recovery
services with services provided by the Department; and
(iii) to tailor such recovery services to the needs of
veterans with substance use disorder.
(3) Criteria for selection.--
(A) In general.--The Secretary shall establish criteria for
the selection of eligible entities to be awarded grants under
this section.
(B) Elements.--Criteria established under subparagraph (A)
with respect to an eligible entity shall include the following:
(i) Relevant accreditation as may be required by each
State in which the eligible entity operates.
(ii) Experience coordinating care or providing
treatment for veterans or members of the Armed Forces.
(g) Participation.--Participation by a veteran in the pilot program
shall not affect any eligibility status or requirements for such
veteran with respect to other benefits or services provided by the
Department.
(h) Technical Assistance.--
(1) In general.--The Secretary shall provide training and
technical assistance to eligible entities awarded grants under this
section regarding the planning, development, and provision of
recovery services for substance use disorder under this section.
(2) Provision of training.--The Secretary may provide the
training required under paragraph (1) directly or through grants or
contracts with such public or nonprofit private entities as the
Secretary considers appropriate for purposes of this section,
including through grants awarded under section 2064 of title 38,
United States Code.
(i) Collection of Information.--To the extent practicable, the
Secretary may collect information from an eligible entity awarded a
grant under this section relating to a substance use disorder of a
veteran participating in the pilot program for inclusion in the
electronic health record of the Department for such veteran for the
sole purpose of improving care provided to such veteran.
(j) Study on Effectiveness of Pilot Program.--
(1) In general.--The Secretary shall conduct a study on the
effectiveness of the pilot program in meeting the needs of veterans
with substance use disorder.
(2) Comparison.--In conducting the study required by paragraph
(1), the Secretary shall compare the results of the pilot program
with other programs of the Department dedicated to the delivery to
veterans of recovery services for substance use disorder.
(3) Criteria.--In making the comparison required by paragraph
(2), to the extent data is available, the Secretary shall examine
the following:
(A) The satisfaction of veterans targeted by the programs
described in paragraph (2).
(B) The health status of such veterans, including mental
health.
(C) The degree to which such programs encourage such
veterans to engage in productive activity.
(D) The number of veterans using such programs,
disaggregated by--
(i) veterans who have received health care provided by
the Department during the two-year period preceding the
conduct of the study;
(ii) veterans who have not received health care
provided by the Department during such period;
(iii) veterans eligible for health care provided by the
Department, disaggregated by--
(I) veterans eligible for services from the
Department similar to services provided under the pilot
program; and
(II) veterans not eligible for such services from
the Department; and
(iv) veterans ineligible for health care provided by
the Department.
(E) The number of veterans who are still homeless or at
risk of becoming homeless one year after completion of receipt
of recovery services under such programs.
(F) The number of veterans who still have a substance use
disorder that negatively impacts their daily living and ability
to maintain independent housing 180 days after discharge from
receipt of services provided under this section.
(G) The status of the discharge from the Armed Forces of
veterans covered under this paragraph.
(4) Reports.--Not later than one year after the date on which
the first grant is awarded under this section, and annually
thereafter, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the results of
the study required by paragraph (1).
(k) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means any of
the following:
(A) An incorporated private institution or foundation--
(i) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
(ii) that has a governing board that is responsible for
the operation of the recovery services for substance use
disorder provided under this section; and
(iii) that is approved by the Secretary with respect to
financial responsibility.
(B) A for-profit limited partnership, the sole general
partner of which is an organization meeting the requirements of
subparagraph (A).
(C) A corporation wholly owned and controlled by an
organization meeting the requirements of subparagraph (A).
(D) A tribally designated housing entity (as defined in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)).
(2) Substance use disorder.--The term ``substance use
disorder'', with respect to a veteran, means the veteran has been
diagnosed with, or is seeking treatment for, substance use
disorder, as determined by the Secretary.
SEC. 312. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
AFFORDABLE HOUSING FOR VETERANS.
(a) Report Required.--Not later than three years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report on the availability of affordable housing for veterans who have
or are participating in any program administered by the Homeless
Programs Office of the Department of Veterans Affairs.
(b) Contents.--The report required by subsection (a) shall include,
with respect to the one-year period preceding the date of the enactment
of this Act, the following:
(1) The number of veterans using housing vouchers under the
program carried out under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred to
as ``HUD-VASH'').
(2) The number of veterans who were allocated a housing voucher
described in paragraph (1) but who have been unable to attain
permanent housing.
(3) The number of available housing vouchers described in
paragraph (1) that are unused for any reason.
(4) Available data regarding the number of veterans who were
discharged from transitional housing provided using amounts
provided under sections 2061 and 2012 of title 38, United States
Code, and did not transition to permanent housing due to a shortage
of--
(A) case managers under the program described in paragraph
(1);
(B) housing vouchers described in such paragraph; or
(C) housing that meets the requirements and limitations
with respect to such vouchers.
(c) Disaggregation.--The contents of the report described in
paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated
by veterans with a household income that does not exceed--
(1) the area median income;
(2) 80 percent of the area median income;
(3) 50 percent of the area median income; and
(4) 30 percent of the area median income.
SEC. 313. STUDY ON FINANCIAL AND CREDIT COUNSELING.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a comprehensive study on--
(1) the use of and variation of financial and credit counseling
services available for homeless veterans and veterans experiencing
housing instability;
(2) barriers to accessing financial and credit counseling for
such veterans; and
(3) the ability to evaluate and assess the potential effects of
financial and credit counseling for such veterans with respect to
housing, employment, income, and other outcomes the Secretary
determines appropriate.
(b) Methodology.--In conducting the study under subsection (a), the
Secretary shall--
(1) survey--
(A) homeless veterans and veterans experiencing housing
instability who are enrolled in the Supportive Services for
Veterans Families program;
(B) such veterans who do not seek or receive the care or
services under such program or a similar program;
(C) grantees of the Supportive Services for Veterans
Families program;
(D) financial and credit counselors; and
(E) persons who are subject matter experts regarding the
use of financial and credit counseling services that the
Secretary determines appropriate; and
(2) administer the survey to a representative sample of
homeless veterans and veterans experiencing housing instability in
areas with high veteran homelessness.
(c) Use and Variation of Services.--In conducting the study under
subsection (a)(1), the Secretary shall--
(1) use data from the Supportive Services for Veterans Families
program and other data collected by the Department of Veterans
Affairs, data collected by other departments or agencies of the
Federal Government, and data collected by nongovernmental entities
to compare the use of and variation of financial and credit
counseling services available for homeless veterans and veterans
experiencing housing instability and such use and variation for
other individuals; and
(2) assess such services made available through the Supportive
Services for Veterans Families program, including with respect to
the types, modes of delivery, duration, consistency, and quality,
of such services.
(d) Barriers to Counseling.--In conducting the study under
subsection (a)(2), the Secretary shall conduct research on the effects
of the following perceived barriers to financial and credit counseling
for homeless veterans and veterans experiencing housing instability
surveyed in the study:
(1) The cost of financial and credit counseling services.
(2) The perceived stigma associated with seeking financial and
credit counseling assistance.
(3) The effect of driving distance or availability of other
forms of transportation to the nearest facility that received a
grant under the Supportive Services for Veterans Families program.
(4) The availability of child care.
(5) The comprehension of eligibility requirements for, and the
scope of services available under, the Supportive Services for
Veterans Families program.
(6) The effectiveness of outreach for the services available to
such veterans under the Supportive Services for Veterans Families
program.
(7) The location and operating hours of facilities that provide
services to such veterans under the Supportive Services for
Veterans Families program.
(8) The COVID-19 pandemic and other health related issues.
(9) Such other significant barriers as the Secretary considers
appropriate.
(e) Evaluation and Assessment of Effects of Counseling.--
(1) Effects.--In conducting the study under subsection (a)(3),
the Secretary shall conduct research on the ability to evaluate and
assess the potential effects of financial and credit counseling
services on homeless veterans and veterans experiencing housing
instability with respect to the following:
(A) The effects of such services on employment by comparing
the veterans who received such services and the veterans who
did not receive such services.
(B) The effects of such services on housing status by
comparing the veterans who received such services and the
veterans who did not receive such services.
(C) The effects of such services on income by comparing the
veterans who received such services and the veterans who did
not receive such services.
(D) The effects of such services on credit score by
comparing the veterans who received such services and the
veterans who did not receive such services.
(E) The effects of such services on other outcomes the
Secretary determines appropriate.
(2) Data and recommendations.--In carrying out paragraph (1),
the Secretary shall--
(A) determine the relevant data that is available to the
Secretary and determine the confidence of the Secretary with
respect to accessing any additional data the Secretary may
require; and
(B) provide recommendations regarding the optimal research
or evaluation design that would generate the greatest insights
and value.
(f) Discharge by Contract.--The Secretary may seek to enter into a
contract with a qualified independent entity or organization to carry
out the study and research required under this section, including such
an entity or organization that is able to access credit scores, data
maintained by the Internal Revenue Service, and other date beneficial
to studying income.
(g) Mandatory Review of Data by Certain Elements of Department.--
(1) Reviews required.--The Secretary shall ensure that the head
of each element of the Department of Veterans Affairs specified in
paragraph (3) reviews the results of the study conducted under
subsection (a).
(2) Submittal of findings.--The head of each element specified
in paragraph (3) shall submit to the Deputy Under Secretary for
Health for Operations and Management the findings of the head with
respect to the review conducted by the under paragraph (1),
including recommendations regarding what data the Secretary should
collect from grantees under the Supportive Services for Veterans
Families program.
(3) Specified elements.--The elements of the Department of
Veterans Affairs specified in this paragraph are the following:
(A) The Advisory Committee on Homeless Veterans established
under section 2066 of title 38, United States Code.
(B) The Advisory Committee on Women Veterans established
under section 542 of title 38, United States Code.
(C) The Advisory Committee on Minority Veterans established
under section 544 of title 38, United States Code.
(D) The Homeless Programs Office of the Veterans Health
Administration.
(E) The Office of Tribal Government Relations of the
Department.
(h) Reports.--
(1) Interim report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to Congress
an interim report on the study under subsection (a).
(2) Final report.--
(A) In general.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the study under subsection (a).
(B) Contents.--The report required by subparagraph (A)
shall include--
(i) the findings of the head of each element of the
Department specified under subsection (g)(3); and
(ii) recommendations for such administrative and
legislative action as the Secretary considers appropriate.
(i) Definition.--In this section:
(1) Homeless veterans and veterans experiencing housing
instability.--The term ``homeless veterans and veterans
experiencing housing instability'' means veterans who are homeless
(as that term is defined in subsection (a) or (b) of section 103 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)).
(2) Supportive services for veterans families program.--The
term ``Supportive Services for Veterans Families program'' means
the program established pursuant to section 2044 of title 38,
United States Code.
TITLE IV--OTHER MATTERS
SEC. 401. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY.
(a) Report on Critical Items and Requirements.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing each of the following:
(1) A description of the items and types of items the Secretary
considers critical with respect to--
(A) the ongoing response to the Coronavirus 2019 (COVID-19)
pandemic; and
(B) future epidemic, pandemic, emergency, national
emergency, or natural disaster scenarios.
(2) The quantities of the items described in paragraph (1) that
are available, as of the date of the enactment of this Act, in
inventories, emergency caches, or other emergency inventories of
the Department of Veterans Affairs.
(3) The anticipated quantities of the items described in
paragraph (1) that would be necessary under potential epidemic,
pandemic, emergency, national emergency, or natural disaster
scenarios the Secretary determines to be relevant for planning
purposes.
(4) The assumptions and key planning factors used by the
Secretary to identify the items, types of items, and necessary
quantities of items for types of scenarios, as described in
paragraphs (1) and (3).
(b) Participation in Warstopper Program.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs and the
Secretary of Defense shall enter into an agreement to provide for
the participation of the Department of Veterans Affairs in the
program known as the ``Warstopper Program'' of the Defense
Logistics Agency, or any successor program.
(2) Requirements.--Pursuant to the agreement under paragraph
(1), the Defense Logistics Agency shall--
(A) ensure the maintenance and stability of the items that
are identified as critical in the report required under
subsection (a) and that the Secretary of Defense determines are
appropriate for the Warstopper Program;
(B) establish guidance for the participation of the
Department of Veterans Affairs in the Warstopper Program that
includes an identification of the items and types of items that
are critical to the needs of the Department of Veterans
Affairs; and
(C) use existing contracts and agreements and enter into
new contracts and agreements, as necessary, with manufacturers
and distributors to reserve the supply of such critical items
rather than rely on holding physical inventories of such items.
(c) Reimbursement.--The Secretary of Veterans Affairs shall
reimburse the Secretary of Defense for any expenses or obligations
incurred to facilitate the participation of the Department of Veterans
Affairs in the Warstopper Program pursuant to subsection (b).
(d) Prohibition on Exclusive Reliance on Regional Inventories.--The
Secretary of Veterans Affairs shall ensure that the Department does not
exclusively rely on holding regional, physical inventories of critical
items in order to respond to greater than expected needs for such items
during epidemic, pandemic, emergency, national emergency, or natural
disaster situations.
(e) Report on Implementation.--
(1) In general.--Not later than 450 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the implementation of this section.
(2) Contents.--The report submitted under paragraph (1) shall
contain each the following:
(A) An implementation plan for the participation of the
Department of Veterans Affairs in the Warstopper Program,
including milestones and timelines for related administrative,
contracting, and readiness activities.
(B) For each of the items and associated quantities
identified in paragraphs (1) and (3) of subsection (a)--
(i) the method by which the Secretary of Veterans
Affairs plans to ensure the Department continues to have
access to adequate quantities of such items and types of
items, including in the Warstopper Program, in regional,
physical inventories, or other methods; and
(ii) justifications for the method or methods
identified under clause (i).
(3) Updates to report.--The Secretary shall update the report
required under paragraph (1) on an annual basis for each of the two
years following the submission of the report under such paragraph
and submit such updates to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives.
SEC. 402. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Alignment of Equal Employment Opportunity Director.--
(1) Reporting and duties.--Subsection (h) of section 516 of
title 38, United States Code, is amended--
(A) by striking ``The provisions'' and inserting ``(1) The
provisions''; and
(B) by adding at the end the following new paragraph:
``(2) Beginning not later than 90 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, in carrying
out paragraph (1), the Secretary shall ensure that the official of the
Department who serves as the Equal Employment Opportunity Director of
the Department--
``(A) reports directly to the Deputy Secretary with respect to
the functions under this section; and
``(B) does not also serve in a position that has responsibility
over personnel functions of the Department or other functions that
conflict with the functions under this section.''.
(2) Conforming amendments.--Such section is further amended--
(A) in subsection (b)(1), by inserting ``, in accordance
with subsection (h)(2),'' after ``an Assistant Secretary or a
Deputy Assistant Secretary''; and
(B) in subsection (e)(1)(A), by striking ``the Assistant
Secretary for Human Resources and Administration'' and
inserting ``the Secretary''.
(b) Alignment of EEO Program Managers.--Such section is further
amended by adding at the end the following new subsection:
``(i) In accordance with subsection (b), not later than one year
after the date of the enactment of the Joseph Maxwell Cleland and
Robert Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, the Secretary shall ensure that each Equal
Employment Opportunity program manager of the Department at the
facility level reports to the head of the Office of Resolution
Management, or such successor office established pursuant to subsection
(a), with respect to the equal employment functions of the program
manager.''.
(c) Reporting Harassment and Employment Discrimination
Complaints.--Subsection (a) of such section is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the employment discrimination
complaint resolution system established under paragraph (1) requires
that any manager of the Department who receives a sexual or other
harassment or employment discrimination complaint reports such
complaint to the Office of Resolution Management, or successor office,
immediately, or if such immediate reporting is impracticable, not later
than two days after the date on which the manager receives the
complaint.''.
(d) Training.--Subsection (c) of such section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Beginning not later than 180 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall provide to each employee of the Department mandatory
annual training on identifying and addressing sexual and other
harassment and employment discrimination, including with respect to
processes under the Harassment Prevention Program of the Department, or
such successor program.
``(B) An employee of the Department who is hired on or after such
date shall receive the first such mandatory annual training not later
than 60 days after being hired.''.
(e) Harassment and Employment Discrimination Policies and
Directives.--The Secretary of Veterans Affairs shall--
(1) by not later than the date that is 180 days after the date
of the enactment of this Act, and on a regular basis thereafter,
review the policies relating to sexual and other harassment and
employment discrimination of the Department of Veterans Affairs to
ensure that such policies are complete and in accordance with the
sexual and other harassment and employment discrimination policies
established by the Office of Resolution Management of the
Department, or successor office; and
(2) by not later than 180 days after the date of the enactment
of this Act, issue a final directive and a handbook for the
Harassment Prevention Program of the Department.
(f) Semiannual Reports.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter for one year,
the Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the progress the Secretary
has made in carrying out this section and section 516 of title 38,
United States Code, as amended by this section, including with respect
to reporting sexual and other harassment and employment discrimination
complaints pursuant to subsection (a)(2) of such section 516.
SEC. 403. DEPARTMENT OF VETERANS AFFAIRS INFORMATION TECHNOLOGY
REFORM ACT OF 2022.
(a) In General.--Chapter 81 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER VI--INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
``Sec. 8171. Definitions
``In this subchapter:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Veterans' Affairs and the Committee
on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the Committee
on Appropriations of the House of Representatives.
``(2) The term `information technology' has the meaning given
that term in section 11101 of title 40.
``(3)(A) The term `information technology project' means a
project or program of the Department (including a project or
program of any element of the Department) for, or including, the
acquisition or implementation of information technology.
``(B) In cases where the Secretary transmits to the Director of
the Office of Management and Budget information regarding
information technology investments, which may consist of individual
or multiple projects, the term `information technology project'
refers to an individual project or program or a grouping of
multiple projects or programs resulting in the acquisition or
implementation of discrete information technology.
``(4) The term `life cycle costs' means all direct and indirect
costs to acquire, implement, operate, and maintain information
technology, including with respect to costs of any element of the
Department.
``(5) The term `major information technology project' means an
information technology project if--
``(A) the project is designated by the Secretary, the Chief
Information Officer of the Department, or the Director of the
Office of Management and Budget as a major information
technology investment, as defined in section 11302 of title 40;
or
``(B) the dollar value of the project is estimated by the
Secretary to exceed--
``(i) $1,000,000,000 (as adjusted for inflation
pursuant to section 1908 of title 41) for the total life
cycle costs of the project; or
``(ii) $200,000,000 (as adjusted for inflation pursuant
to section 1908 of title 41) annually.
``(6) The term `business owner' means, with respect to an
information technology project, the program manager, project
manager, or other supervisory official of the Department
responsible for the project.
``Sec. 8172. Management of major information technology projects
``(a) Cost, Schedule, and Performance Information.--(1) The
Secretary shall, acting through the Chief Information Officer of the
Department, submit to the appropriate congressional committees a report
containing information on the cost, schedule, and performance of each
major information technology project that begins after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, as generated
by the business owner of the project, prior to the commencement of such
project.
``(2) Each report submitted under paragraph (1) for a project shall
include, with respect to such project, the following:
``(A) An estimate of acquisition costs, implementation costs,
and life cycle costs.
``(B) An intended implementation schedule indicating
significant milestones, initial operating capability, and full
operating capability or completion.
``(C) Key business, functional, and performance objectives.
``(b) Baseline.--(1) The Secretary shall use the information on the
cost, schedule, and performance of a major information technology
project included in the report under subsection (a) as the baseline
against which changes or variances are measured during the life cycle
of such project.
``(2) The Secretary shall--
``(A) annually update the baseline of a major information
technology project pursuant to subsection (c); and
``(B) include such updated baseline in the documents providing
detailed information on the budget for the Department that the
Secretary submits to Congress in conjunction with the President's
budget submission pursuant to section 1105 of title 31.
``(c) Changes and Variances.--(1) Not later than 60 days after the
date on which the Secretary identifies a change or variance described
in paragraph (2) in the cost, schedule, or performance of a major
information technology project, the Secretary, acting through the Chief
Information Officer, shall submit to the appropriate congressional
committees a notification of such change or variance, including a
description and explanation for such change or variance.
``(2) A change or variance in the cost, schedule, or performance of
a major information technology project described in this paragraph is--
``(A) with respect to the acquisition, implementation, or life
cycle cost of the project, or development increment therein, a
change or variance that is 10 percent or greater compared to the
baseline;
``(B) with respect to the schedule for a development increment
or for achieving a significant milestone, initial operating
capability, or full operating capability, or for the final
completion of the project, a change or variance that is 180 days or
greater compared to the baseline; or
``(C) with respect to the performance, an instance where a key
business, functional, or performance objective is not attained, or
is not anticipated to be attained, in whole or in part.
``(d) Management.--The Secretary shall ensure that each major
information technology project is managed by an interdisciplinary team
consisting of the following:
``(1) A project manager who--
``(A)(i) is certified in project management at level three
by--
``(I) the Department;
``(II) the Federal Acquisition Institute pursuant to
section 1201 of title 41; or
``(III) the Department of Defense pursuant to section
1701a of title 10; or
``(ii) holds an equivalent certification by a private
sector project management certification organization, as
determined appropriate by the Secretary; and
``(B) is an employee of the Office of Information and
Technology of the Department or an employee of an element of
the Department at which the project originates.
``(2) A functional lead who is an employee of the element of
the Department at which the project originates.
``(3) A technical lead who is an employee of the Office of
Information and Technology of the Department.
``(4) A contracting officer.
``(5) Sufficient other project management, functional,
technical, and procurement personnel as the Secretary determines
appropriate.
``Sec. 8173. Information technology activities of the Financial
Services Center
``(a) Management.--Consistent with sections 11302 and 11319 of
title 40--
``(1) the Chief Information Officer of the Department shall--
``(A) exercise authority over the management, governance,
and oversight processes relating to existing or proposed
information technology of the Financial Services Center of the
Department, or such successor office; and
``(B) supervise the information technology employees and
contractors of the Financial Services Center; and
``(2) the Director of the Financial Services Center of the
Department, or the head of such successor office, may not enter
into a contract or other agreement for information technology or
information technology services unless the contract or other
agreement has been reviewed and approved by the Chief Information
Officer.
``(b) Oversight.--The Chief Information Officer shall have
oversight and operational authority over all information security
practices of the Financial Services Center of the Department.
``Sec. 8174. Submission of annual reviews of information technology
``(a) In General.--The Secretary, acting through the Chief
Information Officer of the Department, shall submit to the appropriate
congressional committees each annual review of the information
technology portfolio of the Department conducted pursuant to section
11319(d)(3) of title 40.
``(b) First Submission.--The first annual review submitted under
subsection (a) shall include a copy of each previous annual review
conducted under section 11319(d)(3) of title 40.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the Department
``(a) List of Information Technology Projects in Effect.--The
Secretary shall ensure that whenever the budget justification materials
are submitted to Congress in support of the Department budget for a
fiscal year (as submitted with the budget of the President for such
fiscal year under section 1105(a) of title 31), such budget
justification materials include a list of every information technology
project currently in effect at the Department (including not only
congressional projects and subprojects as determined by the Director of
the Office of Management and Budget or the Secretary).
``(b) Prioritized List of Unfunded Projects.--(1) In addition to
the list included in the budget justification materials required by
subsection (a), the Secretary shall ensure that the budget
justification materials described in such subsection also include
summary descriptions and a prioritized list, in rank order, of every
information technology project of the Department, proposed or intended
to be proposed for the following one, two, or three fiscal years, that
is unfunded as of the time of the inclusion of the list under this
paragraph.
``(2) In producing the list required by paragraph (1), the
Secretary shall--
``(A) ensure such list represents a ranking of all proposed
information technology projects that reflects the needs of all
elements of the Department;
``(B) produce one unified list for the entire Department
demonstrating how the various proposed information technology
projects of each of the elements of the Department rank in priority
with the information technology projects of the other elements of
the Department; and
``(C) ensure that the list--
``(i) does not disaggregate and rank information technology
projects based on element of the Department; and
``(ii) does identify the element of the Department
requesting the information technology project.
``(3)(A) In producing each list under paragraph (1), the Secretary
shall prioritize and rank each information technology project based on
an assessment of each of the following factors:
``(i) Degree of collaboration between business owners and the
Chief Information Officer with respect to joint functional-
technical planning, requirements, and management.
``(ii) Operational or efficiency benefits to employees of the
Department created or produced by the information technology
project.
``(iii) The life cycle cost of the information technology
project.
``(iv) The cost savings or cost avoidance yielded by the
information technology project.
``(v) Time to completion of the information technology project.
``(vi) The difficulty of the information technology project,
the likelihood the information technology project will be
completed, or the risks associated with undertaking the information
technology project.
``(vii) Tangible benefits to veterans created or produced by
the information technology project.
``(viii) Such other factors as the Secretary considers
appropriate.
``(B) The Secretary shall ensure that each list produced under
paragraph (1) includes, for each information technology project
included in the list, a brief description of the findings of the
Secretary with respect to each assessment carried out by the Secretary
for each factor for the information technology project under
subparagraph (A).
``(c) Projected Funding Needs.--(1) In addition to the matters
included under subsections (a) and (b), the Secretary shall ensure that
the budget justification materials described in subsection (a) also
include a projection of the one-year, two-year, and three-year funding
needs of the Department for information technology, disaggregated by--
``(A) portfolio; and
``(B) the product line of the Department that requires the
funding.
``(2) In addition to the projections under paragraph (1), with
respect to each of the periods set forth in such paragraph, the
Secretary shall include a description of the funding required for each
technology business management category used by the Office of
Information Technology of the Department (commonly referred to as `cost
pools' and `towers').''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``subchapter vi--information technology projects and activities
``Sec. 8171. Definitions.
``Sec. 8172. Management of major information technology projects.
``Sec. 8173. Information technology activities of the Financial Services
Center.
``Sec. 8174. Submission of annual reviews of information technology.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the Department.''.
(c) Application and Report Regarding Management of Major
Information Technology Projects.--
(1) Current and new major projects.--Except as specifically
provided in subsection (a) of section 8172 of title 38, United
States Code, as added by subsection (a) of this section, such
section 8172 shall apply with respect to major information
technology projects that begin before, on, or after the date of the
enactment of this Act.
(2) Report on current projects.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate congressional committees a
report on each major information technology project that the
Secretary is carrying out as of the date of the report.
(B) Contents.--The report submitted under subparagraph (A)
shall contain, with respect to each project described in such
subparagraph, information on the cost, schedule, and
performance of the project as described in subsection (a) of
section 8172 of such title, as so added.
(3) Definitions.--In this subsection, the terms ``appropriate
congressional committees'' and ``major information technology
project'' have the meanings given those terms in section 8171 of
title 38, United States Code, as added by subsection (a) of this
section.
(d) Information Technology Activities of the Financial Services
Center.--
(1) Effective date.--Section 8173 of such title, as added by
subsection (a), shall take effect on the date of the enactment of
this Act.
(2) Applicability.--Subsection (a)(2) of such section shall
apply with respect to contracts and agreements entered into on or
after the date of the enactment of this Act.
(e) Effective Date of Requirement for Projects in Budget
Justification Materials.--Subsection (c) of section 8175 of such title,
as added by subsection (a) of this section, shall take effect on the
first Monday in the second January beginning after the date of the
enactment of this Act.
SEC. 404. REPORT ON INFORMATION TECHNOLOGY DASHBOARD INFORMATION.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs, acting through the
Chief Information Officer of the Department of Veterans Affairs, shall
submit to the appropriate congressional committees a report
containing--
(1) an explanation of the ratings, rankings, and risk
categorizations used by the Chief Information Officer pursuant to
subparagraph (C) of section 11302(c)(3) of title 40, United States
Code, with respect to the information technology dashboard, or
successor system, of the Office of Management and Budget developed
under such section; and
(2) copies of supporting or explanatory information provided by
the Chief Information Officer to the Office of Management and
Budget with respect to submissions by the Chief Information Officer
to the information technology dashboard, or successor system, for
the fiscal year in which the report is submitted (other than
information not otherwise made public pursuant to such section).
(b) Appropriate Congressional Committees Defined.--In section, the
term ``appropriate congressional committees'' has the meaning given
such term in section 8171 of title 38, United States Code, as added by
section 403.
SEC. 405. IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT
OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Provision of Information.--Section 902 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(e)(1) The Secretary shall publish on the internet website of
each facility of the Department the following information with respect
to the facility:
``(A) Summaries and statistics covering the previous five-year
period regarding--
``(i) arrests made by and tickets issued by Department
police officers;
``(ii) prosecutions, ticketing, and other actions relating
to such arrests;
``(iii) the use of force and weapons discharge by
Department police officers; and
``(iv) complaints, investigations, and disciplinary actions
regarding Department police officers.
``(B) Contact information for employees of the Department and
the public to directly contact the police force of the facility,
including for an individual (or the representative, attorney, or
authorized agent of the individual) to request information
regarding the arrest, ticketing, detainment, use of force, or other
police matters pertaining to that individual.
``(2) The Secretary shall ensure that each police force of a
facility of the Department is able to provide to an individual who
contacts the police force pursuant to paragraph (1)(B) the information
described in such paragraph.''.
(b) Use of Body Worn Cameras by Department Police Officers.--
(1) Requirement.--Subsection (a) of such section 902 is amended
by adding at the end the following new paragraph:
``(3) Beginning not later than 180 days after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall require Department police officers to use cameras worn
on the individual police officer's person that record and store audio
and video (commonly known as `body worn cameras').''.
(2) Guidance.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
issue, and make publicly available, guidance on the use of body
worn cameras by Department police officers pursuant to section
902(a)(3) of title 38, United States Code, as amended by paragraph
(1).
(3) Consultation.--The Secretary shall issue the guidance under
paragraph (2) in consultation with veterans service organizations,
civil rights organizations, law enforcement organizations, law
enforcement accreditation organizations, privacy rights
organizations, and other relevant organizations or experts.
(c) Data and Reporting on Police Incidents.--Section 902 of title
38, United States Code, as amended by subsection (a), is further
amended by adding at the end the following new subsection:
``(f) Police Incidents.--(1)(A) The Secretary shall track and
analyze the following information regarding the police force of the
Department:
``(i) Arrests made by and tickets issued by Department police
officers.
``(ii) Prosecutions, ticketing, and other actions relating to
such arrests.
``(iii) The use of force and weapons discharge.
``(iv) Complaints, investigations, and disciplinary actions.
``(B) The Secretary shall carry out subparagraph (A) by
implementing one or more Department-wide data systems.
``(2)(A) Beginning not later than one year after the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall ensure that each incident described in subparagraph (C)
is promptly reported to the Assistant Secretary with responsibility for
operations, preparedness, security, and law enforcement functions.
``(B) The Assistant Secretary shall, in a timely manner--
``(i) review each incident described in subparagraph (C)(i)
that is reported under subparagraph (A); and
``(ii) investigate each incident described in subparagraph
(C)(ii) that is reported under subparagraph (A).
``(C) An incident described in this subparagraph is either of the
following:
``(i) An incident, including an allegation, of the use of force
by a Department police officer.
``(ii) An incident, including an allegation, of the use of
force by a Department police officer that results in any person
receiving medical attention.''.
(d) Plan on Police Staffing.--The Secretary shall develop a plan
that establishes minimum standards for police staffing at each facility
of the Department, including with respect to--
(1) the number of Department police officers assigned to each
facility; and
(2) the pay grades for such officers.
(e) Report on Implementation.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the
implementation of this section and the amendments made by this
section.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) With respect to the staffing needs of the Department
police force--
(i) identification of the amount of turnover among
Department police officers;
(ii) how the compensation for Department police
officers affects such turnover;
(iii) a comparison of such compensation with the
compensation provided to specialty police units, such as
police units at medical facilities and other police units
in the same locality pay area; and
(iv) the plan developed under subsection (d),
including--
(I) estimates on the costs to carry out the plan;
and
(II) any recommendations for legislative actions
required to carry out the plan.
(B) With respect to body worn cameras, a review of the
implementation and use of body worn cameras by Department
police officers, including under pilot programs carried out by
the Secretary during the five-year period preceding the date of
the report.
(f) Definitions.--In this section:
(1) Body worn camera.--The term ``body worn camera'' means a
camera worn on an individual police officer's person that records
and stores audio and video.
(2) Department police officer.--The term ``Department police
officer'' means an employee of the Department of Veterans Affairs
described in section 902(a) of title 38, United States Code.
SEC. 406. PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF INFORMATION
ACT REQUESTS.
(a) Plan.--
(1) In general.--The Secretary of Veterans Affairs shall
establish and carry out a plan for the Secretary to meet, by not
later than five years after the date of the enactment of this Act,
the requirements of section 552 of title 5, United States Code,
(commonly known as the ``Freedom of Information Act'' or ``FOIA'')
with respect to providing documents and information under such
section within the timeframes required by such section.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) Improving and acquiring technology, including with
respect to searching email and other electronic information,
and the timelines for such improvement, to ensure that the
information technology of the Department of Veterans Affairs is
capable of carrying out the plan.
(B) Identification of efficient procedures, policies, and
systems of the Department that could be developed to allow
employees of the Department responsible for replying to
requests under such section 552 to search and review documents
rather than other employees of the Department.
(C) A schedule for carrying out the plan, including key
milestones and metrics.
(b) Compliance Assessment.--The Secretary shall request the
Director of the Office of Government Information Services of the
National Archives and Records Administration to conduct an assessment
of the compliance by the Department of Veterans Affairs with section
552 of title 5, United States Code.
(c) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on implementing subsections (a) and (b).
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) The plan established under subsection (a).
(ii) An analysis of the root causes of the backlog of
Freedom of Information Act requests.
(iii) Recommendations with respect to any additional
resources or legislative action the Secretary determines
necessary for such implementation.
(2) Annual reports.--During the five-year period following the
date of the enactment of this Act, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives annual reports
on--
(A) carrying out the plan under subsection (a), including
any updates or changes made to the plan; and
(B) the compliance by the Department as described in
subsection (b).
(3) Publication.--The Secretary shall make publicly available
on the internet website of the Department the reports under
paragraphs (1) and (2) by not later than 30 days after the date on
which the Secretary submits the reports to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives.
(d) Definition of Backlog of Freedom of Information Act Requests.--
In this section, the term ``backlog of Freedom of Information Act
requests'' means the number of requests, as reported by the Secretary
of Veterans Affairs to the Attorney General in the Annual FOIA Report,
made by individuals to the Secretary pursuant to section 552 of title
5, United States Code, for documents or information that the Secretary
has not fulfilled or provided a response to the individual.
SEC. 407. MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORRECTION.
(a) In General.--Section 2003(a) of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315) is amended by striking ``$1,388.68'' and inserting
``$1,406.73''.
(b) Correction to Certain Pension Payments.--
(1) Correct codification.--Section 1562(a)(1) of title 38,
United States Code, is amended by striking ``$1,388.68'' and
inserting ``$ 1,406.73''.
(2) Retroactive effective date.--The amendment made by
paragraph (1) shall take effect as if it were enacted immediately
after the enactment of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020 (Public
Law 116-315).
(c) Treatment of Certain Pension Payments.--
(1) In general.--A payment described in paragraph (2) shall be
treated as an authorized payment.
(2) Payments described.--A payment described in this paragraph
is a payment of pension under section 1562 of title 38, United
States Code, by the Secretary of Veterans Affairs--
(A) in the amount of $1,406.73 during the period beginning
on January 5, 2021, and ending on November 30, 2021;
(B) in the amount of $1,489.73 during the period beginning
on December 1, 2021, and ending on November 30, 2022; or
(C) in the amount of $1,619.34 during the period beginning
on December 1, 2022, and ending on the date of the enactment of
this Act.
SEC. 408. IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY
COUNSELING.
(a) Reimposition of Cap.--
(1) In general.--Section 516 of title 38, United States Code,
as amended by section 7(a) of the Responsible Education Mitigating
Options and Technical Extensions Act (Public Law 117-76), is
further amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following new
subsection (g):
``(g)(1)(A) Except as provided in paragraph (4), beginning on the
date of the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022
and ending on the date that is three years after the date of the
enactment of such Act, the number of employees of the Department whose
duties include equal employment opportunity counseling functions may
not exceed 76 full-time equivalent employees.
``(B) Except as provided in paragraph (4), beginning on the date
that is three years after the date of enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, the number of employees of the Department
whose duties include equal employment opportunity counseling functions
may not exceed 81 full-time equivalent employees.
``(2) Except as provided in paragraph (4), of the 76 full-time
equivalent employees set forth in paragraph (1), the number of
employees of the Department whose duties include equal employment
opportunity counseling functions as well as other unrelated functions
may not exceed 40 full-time equivalent employees.
``(3) Except as provided in paragraph (4), any employee described
in paragraph (2) whose duties include equal employment opportunity
counseling functions as well as other unrelated functions may be
assigned equal employment opportunity counseling functions only at
Department facilities in remote geographic locations.
``(4)(A) Beginning on the date that is one year after the date of
enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022, the
Secretary shall promptly notify Congress if, at any point in time, the
number of full-time equivalent employees of the Department specified in
paragraph (1), whose duties include equal opportunity counseling
functions, is insufficient for the Department to meet its required
obligations under law.
``(B) Notification under subparagraph (A) shall include--
``(i) the specific legal obligations relating to employment
discrimination, or other matters similar to those covered by
regulations prescribed by the Equal Employment Opportunity
Commission, that the Department is unable to meet; and
``(ii) the total additional number of full-time equivalent
employees of the Department that would be needed for the Department
to meet such obligations.''.
(2) Conforming amendment.--Subsection (b) of section 7 of such
Act is hereby repealed.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to Congress
a report that includes the following elements:
(1) An accounting of the number of informal stage cases filed
with the employment discrimination complaint resolution system
established and administered under section 516(a) of title 38,
United States Code, disaggregated by--
(A) the period beginning on January 1, 2019, and ending on
the date of the enactment of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(2) A comparison of timeliness, with respect to the average
time to process, of processing of informal stage cases by such
system with respect to--
(A) the period beginning on January 1, 2019, and ending on
the date of the enactment of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(3) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department of
Veterans Affairs whose duties include only equal employment
opportunity counseling functions under section 516 of title 38,
United States Code, disaggregated by--
(A) the ten-year period ending on the date of the enactment
of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(c) Annual Reports.--Not later than one year after the date of the
enactment of this Act and once each year thereafter, the Secretary of
Veterans Affairs shall make available to the public on an internet
website of the Department an annual report that includes, for the year
covered by the report, the following:
(1) Total number of complaints filed through the employment
discrimination complaint resolution system established and
administered under subsection (a) of section 516 of title 38,
United States Code.
(2) Total number of such complaints completed processing by
such system in a timely manner.
(3) The percentage of all pre-complaint counseling provided
under such section that led to resolution without further action.
(4) The percentage of all pre-complaint counseling provided
under such section that led to resolution via alternative dispute
resolution.
(5) The percentage of all pre-complaint counseling provided
under such section that led to filing of a formal complaint via
such system.
(6) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department whose
duties include equal employment opportunity counseling under such
section.
(7) An estimate of the required ratio of Department employees
whose duties include equal employment opportunity counseling
functions relative to the number of full-time equivalent employees
in the Department.
(d) Independent Assessment.--Not later than 180 days after the
first report is made available under subsection (c), the Comptroller
General shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives an independent assessment of the ratio reported by the
Secretary pursuant to paragraph (7) of such subsection. Such assessment
shall include such recommendations as the Secretary may have for
improving such ratio and the ability of the Department to provide equal
employment opportunity counseling.
DIVISION V--STRONG VETERANS ACT OF 2022
SEC. 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 2022
Sec. 1. Short title; table of contents.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
Sec. 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 LINE
Sec. 201. Veterans Crisis Line.
Subtitle A--Veterans Crisis Line Training and Quality Management
Sec. 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 Line
Sec. 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 Number
Sec. 231. Feedback on transition of crisis line number.
TITLE III--OUTREACH TO VETERANS
Sec. 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 DELIVERY
Sec. 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--RESEARCH
Sec. 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.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
SEC. 101. MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO MINORITY
VETERANS AND AMERICAN INDIAN AND ALASKA NATIVE VETERANS.
(a) Staffing Requirement.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall ensure that each medical center of the Department of
Veterans Affairs has no fewer than one full-time employee whose
responsibility is serving as a minority veteran coordinator.
(b) Training.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the Indian
Health Service and the Director of the Office of Mental Health and
Suicide Prevention of the Department of Veterans Affairs, shall ensure
that all minority veteran coordinators receive training in delivery of
mental health and suicide prevention services culturally appropriate
for American Indian and Alaska Native veterans, especially with respect
to the identified populations and tribes within the coordinators'
catchment areas.
(c) Coordination With Suicide Prevention Coordinators.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary, in consultation with the Director of the Office of Mental
Health and Suicide Prevention, shall ensure that the suicide prevention
coordinator and minority veteran coordinator of each medical center of
the Department have developed and disseminated to the director of the
medical center a written plan for conducting mental health and suicide
prevention outreach to all tribes and urban Indian health organizations
within the catchment area of the medical center. Each such plan shall
include for each tribe covered by the plan--
(1) contact information for tribal leadership and the tribal
health facility or Indian Health Service facility serving that
tribe;
(2) a schedule for and list of outreach plans (including
addressing any barriers to accessing Department mental health
care);
(3) documentation of any conversation with tribal leaders that
may guide culturally appropriate delivery of mental health care to
American Indian or Alaska Native veterans;
(4) documentation of any progress in incorporating traditional
healing practices into mental health and suicide prevention
protocols and options available for veterans who are members of
such tribe; and
(5) documentation of any coordination among the Department, the
Indian Health Service, urban Indian health organizations, and the
Substance Abuse and Mental Health Services Administration for the
purpose of improving suicide prevention efforts tailored to
veterans who are members of such tribe and the provision of
culturally competent mental health care to such veterans.
(d) Report.--Not later than one year after the enactment of this
Act, the Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on outreach efforts to minority veterans and
American Indian and Alaska Native veterans. Such report shall include
each of the following:
(1) The number of minority veteran coordinators within the
Department.
(2) The number and percentage of minority veteran coordinators
who are women.
(3) The number and percentage of minority veteran coordinators
who are persons of color.
(4) The number and percentage of Department medical centers
with minority veteran coordinators.
(5) The number and percentage of Department mental health
providers who are enrolled members of a federally recognized Indian
tribe or self-identify as Native American.
(6) The number and percentage of Department mental health
providers who speak a second language.
(7) A review of the outreach plans developed and submitted to
all Department medical centers for outreach to American Indian and
Alaska Native veterans.
(8) A review of mental health care provided annually by the
Department to American Indian and Alaska Native veterans for the
past three years, including number of appointments, and an
assessment of any barriers to providing this care.
SEC. 102. EXPANSION OF VET CENTER WORKFORCE.
(a) In General.--Not later than one year after the date of the
enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs shall hire an
additional 50 full-time equivalent employees for Vet Centers to bolster
the workforce of Vet Centers and to provide expanded mental health care
to veterans, members of the Armed Forces, and their families through
outreach, community access points, outstations, and Vet Centers.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given that term in section 1712A(h) of title 38, United
States Code.
SEC. 103. EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not later than three years after the date of the
enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs, in collaboration
with the Office of Mental Health and Suicide Prevention and the Office
of Academic Affiliations, shall add an additional 250 paid trainee
slots in covered mental health disciplines to the workforce of the
Department of Veterans Affairs.
(b) Covered Mental Health Disciplines Defined.--In this section,
the term ``covered mental health disciplines'' means psychiatry,
psychology, advanced practice nursing (with a focus on mental health or
substance use disorder), social work, licensed professional mental
health counseling, and marriage and family therapy.
SEC. 104. EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT PROGRAMS FOR
MENTAL HEALTH PROVIDERS.
(a) Expansion of Health Professional Scholarship Program.--
Beginning in academic year 2022, the Secretary of Veterans Affairs
shall include not fewer than an additional (as compared to academic
year 2021) 50 awards per academic year under the Department of Veterans
Affairs Health Professional Scholarship Program under subchapter II of
chapter 76 of title 38, United States Code, for applicants otherwise
eligible for such program who are pursuing degrees or training in
mental health disciplines, including advanced practice nursing (with a
focus on mental health or substance use disorder), psychology, and
social work.
(b) Expansion of Education Debt Reduction Program.--
(1) In general.--Beginning in fiscal year 2022, the Secretary
shall provide not fewer than an additional (as compared to fiscal
year 2021) 200 debt reduction awards per year under the Department
of Veterans Affairs Education Debt Reduction Program under
subchapter VII of chapter 76 of title 38, United States Code, to be
used to recruit mental health professionals to the Department of
Veterans Affairs in disciplines that include psychiatry,
psychology, advanced practice nursing (with a focus on mental
health or substance use disorder), and social work.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $8,000,000 per
year to carry out the additional awards under paragraph (1).
(c) Outreach.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary shall develop a public
awareness campaign to encourage veterans and mental health
professionals to choose the Department for their mental health
career.
(2) Elements.--The campaign required under paragraph (1)--
(A) shall advertise the paid trainee, scholarship, and loan
repayment opportunities offered by the Department; and
(B) may highlight the new graduate medical education
residencies available at the Department for medical students
entering residency.
TITLE II--VETERANS CRISIS LINE
SEC. 201. VETERANS CRISIS LINE.
In this title, the term ``Veterans Crisis Line'' means the toll-
free hotline for veterans established under section 1720F(h) of title
38, United States Code.
Subtitle A--Veterans Crisis Line Training and Quality Management
SEC. 211. STAFF TRAINING.
(a) Review of Training for Veterans Crisis Line Call Responders.--
(1) In general.--The Secretary of Veterans Affairs shall enter
into an agreement with an organization outside the Department of
Veterans Affairs to review the training for Veterans Crisis Line
call responders on assisting callers in crisis.
(2) Completion of review.--The review conducted under paragraph
(1) shall be completed not later than one year after the date of
the enactment of this Act.
(3) Elements of review.--The review conducted under paragraph
(1) shall consist of a review of the training provided by the
Department on subjects including risk assessment, lethal means
assessment, substance use and overdose risk assessment, safety
planning, referrals to care, supervisory consultation, and
emergency dispatch.
(4) Update of training.--If any deficiencies in the training
for Veterans Crisis Line call responders are found pursuant to the
review under paragraph (1), the Secretary shall update such
training and associated standards of practice to correct those
deficiencies not later than one year after the completion of the
review.
(b) Retraining Guidelines for Veterans Crisis Line Call
Responders.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary shall develop guidelines on
retraining and quality management for when a Veterans Crisis Line
call responder has an adverse event or when a quality review check
by a supervisor of such a call responder denotes that the call
responder needs improvement.
(2) Elements of guidelines.--The guidelines developed under
paragraph (1) shall specify the subjects and quantity of retraining
recommended and how supervisors should implement increased use of
silent monitoring or other performance review mechanisms.
SEC. 212. QUALITY REVIEW AND MANAGEMENT.
(a) Monitoring of Calls on Veterans Crisis Line.--
(1) In general.--The Secretary of Veterans Affairs shall
require that not fewer than two calls per month for each Veterans
Crisis Line call responder be subject to supervisory silent
monitoring, which is used to monitor the quality of conduct by such
call responder during the call.
(2) Benchmarks.--The Secretary shall establish benchmarks for
requirements and performance of Veterans Crisis Line call
responders on supervisory silent monitored calls.
(3) Quarterly reports.--Not less frequently than quarterly, the
Secretary shall submit to the Office of Mental Health and Suicide
Prevention of the Department of Veterans Affairs a report on
occurrence and outcomes of supervisory silent monitoring of calls
on the Veterans Crisis Line.
(b) Quality Management Processes for Veterans Crisis Line.--Not
later than one year after the date of the enactment of this Act, the
leadership for the Veterans Crisis Line, in partnership with the Office
of Mental Health and Suicide Prevention of the Department and the
National Center for Patient Safety of the Department, shall establish
quality management processes and expectations for staff of the Veterans
Crisis Line, including with respect to reporting of adverse events and
close calls.
(c) Annual Common Cause Analysis for Callers to Veterans Crisis
Line Who Die by Suicide.--
(1) In general.--Not less frequently than annually, the
Secretary shall perform a common cause analysis for all identified
callers to the Veterans Crisis Line that died by suicide during the
one-year period preceding the conduct of the analysis before the
caller received contact with emergency services and in which the
Veterans Crisis Line was the last point of contact.
(2) Submittal of results.--The Secretary shall submit to the
Office of Mental Health and Suicide Prevention of the Department
the results of each analysis conducted under paragraph (1).
(3) Application of themes or lessons.--The Secretary shall
apply any themes or lessons learned under an analysis under
paragraph (1) to updating training and standards of practice for
staff of the Veterans Crisis Line.
SEC. 213. GUIDANCE FOR HIGH-RISK CALLERS.
(a) Development of Enhanced Guidance and Procedures for Response to
Calls Related to Substance Use and Overdose Risk.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with national experts within the
Department of Veterans Affairs on substance use disorder and overdose,
shall--
(1) develop enhanced guidance and procedures to respond to
calls to the Veterans Crisis Line related to substance use and
overdose risk;
(2) update training materials for staff of the Veterans Crisis
Line in response to such enhanced guidance and procedures; and
(3) update criteria for monitoring compliance with such
enhanced guidance and procedures.
(b) Review and Improvement of Standards for Emergency Dispatch.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary shall--
(A) review the current emergency dispatch standard
operating procedure of the Veterans Crisis Line to identify any
additions to such procedure to strengthen communication
regarding--
(i) emergency dispatch for disconnected callers; and
(ii) the role of social service assistants in
requesting emergency dispatch and recording such
dispatches; and
(B) update such procedure to include the additions
identified under subparagraph (A).
(2) Training.--The Secretary shall ensure that all staff of the
Veterans Crisis Line are trained on all updates made under
paragraph (1)(B) to the emergency dispatch standard operating
procedure of the Veterans Crisis Line.
SEC. 214. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS AND
CLARIFICATION OF JOB RESPONSIBILITIES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall--
(1) establish oversight mechanisms to ensure that social
service assistants and supervisory social service assistants
working with the Veterans Crisis Line are appropriately trained and
implementing guidance of the Department regarding the Veterans
Crisis Line; and
(2) refine standard operating procedures to delineate roles and
responsibilities for all levels of supervisory social service
assistants working with the Veterans Crisis Line.
Subtitle B--Pilot Programs and Research on Veterans Crisis Line
SEC. 221. PILOT PROGRAMS.
(a) Extended Safety Planning Pilot Program for Veterans Crisis
Line.--
(1) In general.--Commencing not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall carry out a pilot program to determine whether a
lengthier, templated safety plan used in clinical settings could be
applied in call centers for the Veterans Crisis Line.
(2) Briefing.--Not later than two years after the date of the
enactment of this Act, the Secretary shall provide to Congress a
briefing on the findings of the Secretary under the pilot program
conducted under paragraph (1), which shall include any
recommendations of the Secretary with respect to the continuation
or discontinuation of the pilot program.
(b) Crisis Line Facilitation Pilot Program.--
(1) In general.--Commencing not later than one year after the
date of the enactment of this Act, the Secretary shall carry out a
pilot program on the use of crisis line facilitation to increase
use of the Veterans Crisis Line among high-risk veterans.
(2) Briefing.--Not later than two years after the date of the
enactment of this Act, the Secretary shall provide to Congress a
briefing on the findings of the Secretary under the pilot program
under paragraph (1), including any recommendations of the Secretary
with respect to the continuation or discontinuation of the pilot
program.
(3) Definitions.--In this section:
(A) The term ``crisis line facilitation'', with respect to
a high-risk veteran, means the presentation by a therapist of
psychoeducational information about the Veterans Crisis Line
and a discussion of the perceived barriers and facilitators to
future use of the Veterans Crisis Line for the veteran, which
culminates in the veteran calling the Veterans Crisis Line with
the therapist to provide firsthand experiences that may counter
negative impressions of the Veterans Crisis Line.
(B) The term ``high-risk veteran'' means a veteran
receiving inpatient mental health care following a suicidal
crisis.
SEC. 222. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON
EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT OF VETERANS
CRISIS LINE.
There is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal years 2022 and 2023, a total of $5,000,000 for the
Mental Illness Research, Education, and Clinical Centers of the
Department of Veterans Affairs to conduct research on the effectiveness
of the Veterans Crisis Line and areas for improvement for the Veterans
Crisis Line.
Subtitle C--Transition of Crisis Line Number
SEC. 231. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.
(a) In General.--The Secretary of Veterans Affairs shall solicit
feedback from veterans service organizations on how to conduct outreach
to members of the Armed Forces, veterans, their family members, and
other members of the military and veterans community on the move to 988
as the new, national three-digit suicide and mental health crisis
hotline, which is expected to be implemented by July 2022, to minimize
confusion and ensure veterans are aware of their options for reaching
the Veterans Crisis Line.
(b) Nonapplication of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to any feedback solicited under subsection
(a).
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means an organization recognized
by the Secretary for the representation of veterans under section 5902
of title 38, United States Code.
TITLE III--OUTREACH TO VETERANS
SEC. 301. DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall designate
one week each year to organize outreach events and educate veterans on
how to conduct peer wellness checks, which shall be known as ``Buddy
Check Week''.
(b) Educational Opportunities.--
(1) In general.--During Buddy Check Week, the Secretary, in
consultation with organizations that represent veterans, nonprofits
that serve veterans, mental health experts, members of the Armed
Forces, and such other entities and individuals as the Secretary
considers appropriate, shall collaborate with organizations that
represent veterans to provide educational opportunities for
veterans to learn how to conduct peer wellness checks.
(2) Training matters.--As part of the educational opportunities
provided under paragraph (1), the Secretary shall provide the
following:
(A) A script for veterans to use to conduct peer wellness
checks that includes information on appropriate referrals to
resources veterans might need.
(B) Online and in-person training, as appropriate, on how
to conduct a peer wellness check.
(C) Opportunities for members of organizations that
represent veterans to learn how to train individuals to conduct
peer wellness checks.
(D) Training for veterans participating in Buddy Check Week
on how to transfer a phone call directly to the Veterans Crisis
Line.
(E) Resiliency training for veterans participating in Buddy
Check Week on handling a veteran in crisis.
(3) Online materials.--All training materials provided under
the educational opportunities under paragraph (1) shall be made
publicly available on a website of the Department of Veterans
Affairs.
(c) Outreach.--The Secretary, in collaboration with organizations
that represent veterans, may conduct outreach regarding educational
opportunities under subsection (b) at--
(1) public events where many veterans are expected to
congregate;
(2) meetings of organizations that represent veterans;
(3) facilities of the Department; and
(4) such other locations as the Secretary, in collaboration
with organizations that represent veterans, considers appropriate.
(d) Veterans Crisis Line Plan.--
(1) In general.--The Secretary shall ensure that a plan exists
for handling the potential increase in the number of calls into the
Veterans Crisis Line that may occur during Buddy Check Week.
(2) Submittal of plan.--The head of the Veterans Crisis Line
shall submit to the Secretary a plan for how to handle excess calls
during Buddy Check Week, which may include the following:
(A) Additional hours for staff.
(B) The use of a backup call center.
(C) Any other plan to ensure that calls from veterans in
crisis are being answered in a timely manner by an individual
trained at the same level as a Veterans Crisis Line responder.
(e) Definitions.--In this section:
(1) The term ``organization that represents veterans'' means an
organization recognized by the Secretary for the representation of
veterans under section 5902 of title 38, United States Code.
(2) The term ``veteran'' has the meaning given that term in
section 101 of such title.
(3) The term ``Veterans Crisis Line'' means the toll-free
hotline for veterans provided by the Secretary under section
1720F(h) of such title.
SEC. 302. IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PROGRAM.
(a) Outreach Requirement.--The Secretary of Veterans Affairs shall
conduct outreach regarding the Veterans Justice Outreach Program to
justice-involved veterans, military and veterans service organizations,
and relevant stakeholders in the criminal justice community, including
officials from local law enforcement, court, and jail systems and
others as determined appropriate by the Secretary. Such outreach--
(1) shall be designed--
(A) to spread awareness and understanding of the Program;
(B) to spread awareness and understanding of veteran
eligibility for the Program, including the eligibility of
veterans who were discharged from service in the Armed Forces
under conditions other than honorable; and
(C) to improve the identification of justice-involved
veterans; and
(2) may be conducted in person, virtually, or through other
means, including by the dissemination of informational materials
and contact information.
(b) Strategic Plan.--The Secretary of Veterans Affairs shall
develop a strategic plan for the Veterans Justice Outreach Program. In
developing such plan, the Secretary shall conduct--
(1) an assessment of barriers to working with justice-involved
veterans in rural, remote, and underserved areas, including
potential steps to address such barriers; and
(2) a workforce gap analysis for the Program.
(c) Increase in Number of VJO Specialists.--
(1) Increase.--The Secretary of Veterans Affairs shall increase
the number of Veterans Justice Outreach specialists responsible for
supporting justice-involved veterans in rural, remote, or
underserved areas, including areas located far from Department of
Veterans Affairs medical centers, as determined by the Secretary,
through--
(A) the hiring of additional Veterans Justice Outreach
specialists;
(B) the reallocation of existing Veterans Justice Outreach
specialists; or
(C) such other means as may be determined appropriate by
the Secretary.
(2) Determination.--The Secretary shall determine the number of
Veterans Justice Outreach specialists required, and the locations
of such specialists, under paragraph (1) by taking into account--
(A) such number and locations needed to achieve the mission
and strategic goals of the Veterans Justice Outreach Program;
(B) any gaps in the workforce of the Program, including
such gaps identified pursuant to subsection (b)(2); and
(C) strategies to address such gaps.
(3) Use of technology.--In carrying out paragraph (1), the
Secretary shall consider the use of virtual technology.
(d) Performance Goals and Implementation Plans.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish performance goals and implementation plans for--
(A) the Veterans Justice Outreach Program;
(B) Veterans Justice Outreach Specialists; and
(C) providing support for research regarding justice-
involved veterans.
(2) Consistency with strategic plan.--The Secretary shall
ensure that the performance goals and implementation plans under
paragraph (1) are consistent with the strategic plan under
subsection (b) and include--
(A) qualitative and quantitative milestones, measures, and
metrics, and associated timelines for completion of the plans
under paragraph (1) and barriers to such completion;
(B) an identification of relevant staff; and
(C) an estimate of resource needs and sources.
(3) Performance data.--The Secretary shall establish a process
to regularly collect and analyze performance data to assess the
efficiency and effectiveness of implementing the plans under
paragraph (1).
(e) Training Requirement.--The Secretary shall ensure that all
Veterans Justice Outreach Specialists receive training not less
frequently than annually on--
(1) best practices for identifying and conducting outreach to
justice-involved veterans and relevant stakeholders in the criminal
justice community; and
(2) veteran eligibility for the Veterans Justice Outreach
Program, including with respect to consistently communicating
changes regarding eligibility (including through the use of a
script or other reference materials).
(f) Reports on Implementation.--
(1) First report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the following:
(A) An assessment of implementing subsection (c),
including--
(i) strategies to increase Veterans Justice Outreach
specialists responsible for supporting justice-involved
veterans in rural, remote, or underserved areas; and
(ii) the progress of the Secretary in addressing gaps
in the workforce of the Veterans Justice Outreach Program
identified pursuant to paragraph (2) of such subsection.
(B) The performance goals and implementation plans
established under subsection (d)(1).
(2) Subsequent report.--Not later than three years after the
date on which the first report is submitted under paragraph (1),
the Secretary shall submit to Congress a report on the progress of
the Secretary in meeting the performance goals and carrying out
activities under the implementation plans established under
subsection (d)(1).
(g) Report on Veterans Treatment Courts.--Not later than one year
after the date of the enactment of this Act, the Secretary, in
consultation with the Attorney General, shall submit to Congress a
report on the engagement of the Department of Veterans Affairs with
veterans treatment courts, including--
(1) the availability and efficacy of veterans treatment courts
in meeting the needs of justice-involved veterans;
(2) best practices for Department of Veterans Affairs staff and
justice-involved veterans in working with veterans treatment
courts; and
(3) the ability of justice-involved veterans to access veterans
treatment courts, including any barriers that exist to increasing
such access.
(h) Definitions.--In this section:
(1) The term ``justice-involved veteran'' means a veteran with
active, ongoing, or recent contact with some component of a local
criminal justice system.
(2) The term ``Veterans Justice Outreach Program'' means the
program through which the Department of Veterans Affairs identifies
justice-involved veterans and provides such veterans with access to
Department services.
(3) The term ``Veterans Justice Outreach Specialist'' means an
employee of the Department of Veterans Affairs who serves as a
liaison between the Department and the local criminal justice
system on behalf of a justice-involved veteran.
(4) The term ``veterans treatment court'' means a State or
local court that is participating in the veterans treatment court
program (as defined in section 2991(i)(1) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(i)(1))).
SEC. 303. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE
PROGRAM.
The Secretary of Veterans Affairs may enter into agreements with
States, territories, and American Indian and Alaska Native tribes for
the development and implementation of veteran suicide prevention
proposals through the Governors Challenge Program.
TITLE IV--MENTAL HEALTH CARE DELIVERY
SEC. 401. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public
Law 115-182; 38 U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) through (f) as subsections
(e) through (g);
(2) in subsection (a), by adding at the end the following new
sentence: ``Each such peer specialist shall be a full-time employee
whose primary function is to serve as a peer specialist and shall
be in addition to all other employees of such medical center.'';
(3) in the heading of subsection (b), by striking ``Timeframe''
and inserting ``Initial Timeframe'';
(4) in subsection (c)--
(A) in the heading, by striking ``Selection'' and inserting
``Initial Selection''; and
(B) in paragraph (1), by striking ``The Secretary shall''
and inserting ``In establishing the program at initial
locations, the Secretary shall'';
(5) by inserting after subsection (c) the following new
subsection:
``(d) Timeframe for Expansion of Program; Selection of Additional
Locations.--
``(1) Timeframe for expansion.--The Secretary shall make
permanent and expand the program to additional medical centers of
the Department as follows:
``(A) As of the date of the enactment of the STRONG
Veterans Act of 2022, the Secretary shall make such program
permanent at each medical center participating in the program
on the day before such date of enactment.
``(B) During the seven-year period following such date of
enactment, the Secretary shall expand the program to an
additional 25 medical centers per year until the program is
carried out at each medical center of the Department.
``(2) Selection of additional locations.--In selecting medical
centers for the expansion of the program under paragraph (1)(B),
until such time as each medical center of the Department is
participating in the program by establishing not fewer than two
peer specialists at the medical center, the Secretary shall
prioritize medical centers in the following areas:
``(A) Rural areas and other areas that are underserved by
the Department.
``(B) Areas that are not in close proximity to an active
duty military installation.
``(C) Areas representing different geographic locations,
such as census tracts established by the Bureau of the
Census.'';
(6) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, by striking ``Gender-specific
Services'' and inserting ``Considerations for Hiring Peer
Specialists'';
(B) in the matter preceding paragraph (1), by striking
``location selected under subsection (c)'' and inserting
``medical center'';
(C) in paragraph (1), by striking ``and'' at the end; and
(D) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) female peer specialists are hired and made available to
support female veterans who are treated at each medical center.'';
and
(7) by amending subsection (g), as redesignated by paragraph
(1), to read as follows:
``(g) Reports.--
``(1) Periodic reports.--
``(A) In general.--Not later than one year after the date
of the enactment of the STRONG Veterans Act of 2022, and
annually thereafter for five years, the Secretary shall submit
to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the program,
including the expansion of the program under subsection (d)(1).
``(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the one-year period preceding the
submission of the report, the following:
``(i) The findings and conclusions of the Secretary
with respect to the program.
``(ii) An assessment of the benefits of the program to
veterans and family members of veterans.
``(iii) An assessment of the effectiveness of peer
specialists in engaging under subsection (f) with health
care providers in the community and veterans served by such
providers.
``(iv) The name and location of each medical center
where new peer specialists were hired.
``(v) The number of new peer specialists hired at each
medical center pursuant to this section and the total
number of peer specialists within the Department hired
pursuant to this section.
``(vi) An assessment of any barriers confronting the
recruitment, training, or retention of peer specialists.
``(2) Final report.--Not later than one year after the
Secretary determines that the program is being carried out at each
medical center of the Department, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and
the Senate a report notifying such committees of such
determination.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Veterans Affairs to implement section
506 of the VA MISSION Act of 2018 (Public Law 115-182; 38 U.S.C. 1701
note), as amended by subsection (a), the following amounts:
(1) $3,600,000 for fiscal year 2022.
(2) $7,200,000 for fiscal year 2023.
(3) $10,800,000 for fiscal year 2024.
(4) $14,400,000 for fiscal year 2025.
(5) $18,000,000 for fiscal year 2026.
(6) $21,600,000 for fiscal year 2027.
(7) $25,000,000 for fiscal year 2028.
SEC. 402. EXPANSION OF VET CENTER SERVICES.
(a) Veterans and Members Using Educational Assistance Benefits.--
Section 1712A of title 38, United States Code, is amended--
(1) by striking ``clauses (i) through (vi)'' both places it
appears and inserting ``clauses (i) through (vii)'';
(2) by striking ``in clause (vii)'' both places it appears and
inserting ``in clause (viii)'';
(3) in subsection (a)(1)(C)--
(A) by redesignating clause (vii) as clause (viii); and
(B) by inserting after clause (vi) the following new
clause:
``(vii) Any veteran or member of the Armed Forces pursuing a
course of education using covered educational assistance
benefits.''; and
(4) in subsection (h), by adding at the end the following new
paragraph:
``(6) The term `covered educational assistance benefits' means
educational assistance benefits provided pursuant to--
``(A) chapter 30, 31, 32, or 33 of this title;
``(B) chapter 1606 or 1607 of title 10;
``(C) section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 38
U.S.C. 3001 note); or
``(D) section 8006 of the American Rescue Plan Act of 2021
(Public Law 117-2; 38 U.S.C. 3001 note prec.).''.
(b) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report assessing--
(1) the mental health needs of veterans pursuing a course of
education using covered educational assistance benefits (as defined
in section 1712A(h)(6) of title 38, United States Code, as added by
subsection (a)); and
(2) the efforts of the Department of Veterans Affairs to
address such mental health needs.
SEC. 403. ELIGIBILITY FOR MENTAL HEALTH SERVICES.
(a) In General.--Section 1712A(a)(1) of title 38, United States
Code, as amended by section 402, is further amended--
(1) in subparagraph (A)(ii)--
(A) in subclause (I), by striking ``and'';
(B) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(III) in the case of a veteran or member who died by
suicide, to the degree that counseling furnished to such
individual is found to aid in coping with the effects of such
suicide.'';
(2) in subparagraph (B)(i)(II)--
(A) in item (aa), by striking ``or'';
(B) in item (bb), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following;
``(cc) coping with the effects of a suicide described
in subclause (III) of such clause.''; and
(3) in subparagraph (C)(vii)--
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(III) veteran or member of the Armed Forces who died by
suicide.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to family members of a member or veteran who died by
suicide before, on, or after the date of the enactment of this Act.
SEC. 404. MENTAL HEALTH CONSULTATIONS.
(a) Mental Health Consultations for Veterans Filing for
Compensation.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the following
new section:
``Sec. 1167. Mental health consultations
``(a) In General.--Not later than 30 days after the date on which a
veteran submits to the Secretary a claim for compensation under this
chapter for a service-connected disability relating to a mental health
diagnosis, the Secretary shall offer the veteran a mental health
consultation to assess the mental health needs of, and care options
for, the veteran.
``(b) Availability.--The Secretary shall--
``(1) offer a veteran a consultation under subsection (a)
without regard to any previous denial or approval of a claim of
that veteran for a service-connected disability relating to a
mental health diagnosis; and
``(2) ensure that a veteran offered a mental health
consultation under subsection (a) may elect to receive such
consultation during the one-year period beginning on the date on
which the consultation is offered or during such longer period
beginning on such date as the Secretary considers appropriate.
``(c) Rule of Construction.--A consultation provided to a veteran
under this section shall not be construed as a determination that any
disability of such veteran is service-connected for the purposes of any
benefit under the laws administered by the Secretary.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 11 of such title is amended by adding at the end the
following new item:
``1167. Mental health consultations.''.
(b) Mental Health Consultations for Veterans Entering Homeless
Programs Office Programs.--
(1) In general.--Subchapter VII of chapter 20 of title 38,
United States Code, is amended by adding at the end the following
new section:
``Sec. 2068. Mental health consultations
``(a) In General.--Not later than two weeks after the date on which
a veteran described in subsection (b) enters into a program
administered by the Homeless Programs Office of the Department, the
Secretary shall offer the veteran a mental health consultation to
assess the health needs of, and care options for, the veteran.
``(b) Veteran Described.--A veteran described in this subsection is
a veteran to whom a mental health consultation is not offered or
provided through the case management services of the program of the
Homeless Programs Office into which the veteran enters.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 20 of such title is amended by adding at the end the
following new item:
``2068. Mental health consultations.''.
TITLE V--RESEARCH
SEC. 501. VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PROGRAM OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the House of Representatives
and the Senate a report on the Veterans Integration to Academic
Leadership program of the Department of Veterans Affairs. The report
shall include the following:
(1) The number of medical centers of the Department,
institutions of higher learning, non-college degree programs, and
student veterans supported by the program, and relevant trends
since the program began.
(2) The staff and resources allocated to the program, and
relevant trends since the program began.
(3) An assessment of the outcomes and effectiveness of the
program in--
(A) supporting student veterans;
(B) connecting student veterans to needed services of the
Department or services provided by non-Department entities;
(C) addressing the mental health needs of student veterans;
(D) lowering the suicide risk of student veterans; and
(E) helping student veterans achieve educational goals.
(4) An assessment of barriers to expanding the program and how
the Secretary intends to address such barriers.
(5) An assessment of whether the program should be expanded
outside of the Office of Mental Health and Suicide Prevention to
support students veterans with needs unrelated to mental health or
suicide.
(b) Uniform Best Practices, Goals, and Measures.--The Secretary
shall establish best practices, goals, and measures for the Veterans
Integration to Academic Leadership program of the Department that are
uniform among the medical centers of the Department.
(c) Outreach.--The Secretary shall conduct outreach among the Armed
Forces, veterans service organizations, institutions of higher
learning, and non-college degree programs with respect to the Veterans
Integration to Academic Leadership program of the Department.
(d) Assessment.--The Secretary shall assess the feasibility and
advisability of including the suicide rate for student veterans in the
National Veteran Suicide Prevention Annual Report of the Office of
Mental Health and Suicide Prevention of the Department.
(e) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the meaning
given that term in section 3452 of title 38, United States Code.
(2) The term ``student veteran'' means the following:
(A) A veteran or member of the Armed Forces using
educational assistance under any of the following provisions of
law:
(i) Chapter 30, 31, 32, or 33 of title 38, United
States Code, or chapter 1606 or 1607 of title 10, United
States Code.
(ii) Section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 38
U.S.C. 3001 note).
(iii) Section 8006 of the American Rescue Plan Act of
2021 (Public Law 117-2; 38 U.S.C. 3001 note prec.).
(B) A veteran who is enrolled in an institution of higher
learning or other training program, without regard to whether
the veteran is using educational assistance specified in
subparagraph (A).
SEC. 502. IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Pursuant to the analysis conducted under
subsection (b), the Secretary of Veterans Affairs shall take such
action as the Secretary considers appropriate to improve the assessment
and treatment of veterans with sleep disorders, including by conducting
in-home sleep studies for veterans.
(b) Analysis.--The Secretary shall conduct an analysis of the
ability of the Department of Veterans Affairs to treat sleep disorders
among veterans, including--
(1) assessment and treatment options for such disorders;
(2) barriers to care for such disorders, such as wait time,
travel time, and lack of staffing;
(3) the efficacy of the clinical practice guidelines of the
Department of Veterans Affairs and the Department of Defense for
such disorders; and
(4) the availability of and efficacy of the use by the
Department of Veterans Affairs of cognitive behavioral therapy for
insomnia.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on--
(1) the findings from the analysis conducted under subsection
(b); and
(2) any actions taken under subsection (a) to improve the
assessment and treatment of veterans with sleep disorders.
(d) Authorization of Appropriations for In-Home Sleep Studies.--
There is authorized to be appropriated to the Secretary of Veterans
Affairs $5,000,000 to be used to conduct in-home sleep studies for
veterans, as part of sleep disorder assessment and treatment conducted
by the Department of Veterans Affairs.
SEC. 503. STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE CARE
FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
the conduct of a study on access of veterans to care under the
residential rehabilitation treatment programs of the Department of
Veterans Affairs to determine--
(1) if there are sufficient geographic offerings of inpatient
mental health care, especially for veterans in rural and remote
communities;
(2) if there are sufficient bed spaces at each location, based
on demand and drive time from the homes of veterans;
(3) if there are any workforce-related capacity limitations at
each location, including if beds are unable to be used because
there are not enough providers to care for additional patients;
(4) if there are diagnosis-specific or sex-specific barriers to
accessing care under such programs; and
(5) the average wait time for a bed in such a program, broken
out by--
(A) Veterans Integrated Service Network;
(B) rural or urban area;
(C) sex; and
(D) specialty (general program, substance use disorder
program, military sexual trauma program, etc.).
(b) Recommendations for Modifications to Treatment Programs.--Using
the results from the study conducted under subsection (a), the
Secretary shall make recommendations for--
(1) new locations for opening facilities to participate in the
residential rehabilitation treatment programs of the Department;
(2) facilities under such programs at which new beds can be
added; and
(3) any additional specialty tracks to be added to such
programs, such as substance use disorder or military sexual trauma,
in order to meet veteran need and demand.
(c) Report.--Not later than 180 days after completion of the study
under subsection (a), the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the findings of the study
conducted under subsection (a) and the recommendations made by the
Secretary under subsection (b).
SEC. 504. STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS
FOR CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DISORDERS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall conduct
a study examining--
(1) the availability of treatment programs for veterans with
co-occurring mental health and substance use disorders (including
both inpatient and outpatient care);
(2) any geographic disparities in access to such programs, such
as for rural and remote veterans; and
(3) the average wait times for care under such programs.
(b) Report.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on the findings of
the study conducted under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include--
(A) any recommendations resulting from the study conducted
under subsection (a) with respect to improving timeliness and
quality of care and meeting treatment preferences for veterans
with co-occurring mental health and substance use disorders;
and
(B) a description of any actions taken by the Secretary to
improve care for such veterans.
SEC. 505. STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs, acting through
the Under Secretary for Health and the Office of Mental Health and
Suicide Prevention, shall conduct a study evaluating the workload of
local suicide prevention teams of the Department of Veterans Affairs.
(b) Elements.--The study conducted under subsection (a) shall--
(1) identify the effects of the growth of the suicide
prevention program of the Department on the workload of suicide
prevention teams;
(2) incorporate key practices for staffing model design in
determining suicide prevention staffing needs; and
(3) determine which facilities of the Department need increased
suicide prevention coordinator staffing to meet the needs of
veterans, with an emphasis placed on facilities with high patient
volume and facilities located in States with high rates of veteran
suicide.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report--
(1) on the findings of the study conducted under subsection
(a); and
(2) indicating any changes made to the staffing of suicide
prevention teams of the Department resulting from the
determinations made under subsection (b)(3), including a list of
facilities of the Department where staffing was adjusted.
SEC. 506. EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH
RESEARCH.
(a) Research on Moral Injury.--The Secretary of Veterans Affairs,
acting through the Office of Research and Development of the Department
of Veterans Affairs, shall conduct suicide prevention and mental health
care improvement research on how moral injury relates to the mental
health needs of veterans who served in the Armed Forces after September
11, 2001, and best practices for mental health treatment for such
veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Veterans Affairs an additional
$10,000,000 to be used by the Center of Excellence for Suicide
Prevention of the Department and the Rocky Mountain Mental Illness
Research Education and Clinical Center for purposes of conducting
research on the factors impacting veteran suicide and best practices
for early intervention and support.
SEC. 507. STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUPPORT FOR
MILITARY FAMILIES.
(a) In General.--The Secretary of Veterans Affairs, in
collaboration with the Secretary of Defense, shall conduct a study on
secondary post-traumatic stress disorder and depression and its impact
on spouses, children, and caregivers of members of the Armed Forces.
(b) Report.--
(1) In general.--Not later than three years after the date of
the enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the Secretary of Defense, shall submit to
Congress, veterans service organizations, and military support
organizations a report on the findings of the study conducted under
subsection (a).
(2) Definitions.--In this subsection:
(A) The term ``military support organization'' has the
meaning given that term by the Secretary of Defense.
(B) The term ``veterans service organization'' means an
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of title
38, United States Code.
SEC. 508. RESEARCH ON BRAIN HEALTH.
There is authorized to be appropriated to the Department of
Veterans Affairs an additional $5,000,000 for ongoing and future
research at the Translational Research Center of the Department of
Veterans Affairs for traumatic brain injury and stress disorders to
provide better understanding of, and improved treatment options for,
veterans who served in the Armed Forces after September 11, 2001, and
who have traumatic brain injury or post-traumatic stress disorder.
SEC. 509. STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR
POST-TRAUMATIC STRESS DISORDER.
Not later than two years after the date of the enactment of this
Act, the Secretary of Veterans Affairs, acting through the Office of
Research and Development of the Department of Veterans Affairs, shall
conduct a study on--
(1) the efficacy of clinical and at-home resources, such as
mobile applications like COVID Coach, for providers, veterans,
caregivers, and family members to use for dealing with stressors;
(2) the feasibility and advisability of developing more such
resources;
(3) strategies for improving mental health care and outcomes
for veterans with post-traumatic stress disorder; and
(4) best practices for helping family members of veterans deal
with secondary post-traumatic stress disorder or mental health
concerns.
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Unleashing American Innovators
Act of 2022''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
SEC. 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''.
DIVISION Y--CONTRACT ACT OF 2022
SEC. 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''.
SEC. 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.''.
DIVISION Z--COVS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Computers for Veterans and
Students Act of 2022'' or the ``COVS Act''.
SEC. 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.
SEC. 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:
``Sec. 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.''.
DIVISION AA--FINANCIAL SERVICES MATTERS
TITLE I--REGISTRATION FOR INDEX-LINKED ANNUITIES
SEC. 101. PARITY FOR REGISTERED INDEX-LINKED ANNUITIES REGARDING
REGISTRATION RULES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Securities
and Exchange Commission.
(2) Investment company.--The term ``investment company'' has
the meaning given the term in section 3 of the Investment Company
Act of 1940 (15 U.S.C. 80a-3).
(3) Market value adjustment.--The term ``market value
adjustment'' means, with respect to a registered index-linked
annuity, after an early withdrawal or contract discontinuance--
(A) an adjustment to the value of that annuity based on
calculations using a predetermined formula; or
(B) a change in interest rates (or other factor, as
determined by the Commission) that apply to that annuity.
(4) Purchaser.--The term ``purchaser'' means a purchaser of a
registered index-linked annuity.
(5) Registered index-linked annuity.--The term ``registered
index-linked annuity'' means an annuity--
(A) that is deemed to be a security;
(B) that is registered with the Commission in accordance
with section 5 of the Securities Act of 1933 (15 U.S.C. 77e);
(C) that is issued by an insurance company that is subject
to the supervision of--
(i) the insurance commissioner or bank commissioner of
any State; or
(ii) any agency or officer performing like functions as
a commissioner described in clause (i);
(D) that is not issued by an investment company; and
(E) the returns of which--
(i) are based on the performance of a specified
benchmark index or rate (or a registered exchange traded
fund that seeks to track the performance of a specified
benchmark index or rate); and
(ii) may be subject to a market value adjustment if
amounts are withdrawn before the end of the period during
which that market value adjustment applies.
(6) Security.--The term ``security'' has the meaning given the
term in section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)).
(b) Rules.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall propose, and, not later
than 18 months after the date of enactment of this Act, the
Commission shall prepare and finalize, new or amended rules, as
appropriate, to establish a new form in accordance with paragraph
(2) on which an issuer of a registered index-linked annuity may
register that registered index-linked annuity, subject to
conditions the Commission determines appropriate, which may include
requiring the issuer to take the steps described in section
240.12h-7(e) of title 17, Code of Federal Regulations, or any
successor regulation, with respect to the registered index-linked
annuity.
(2) Design of form.--In developing the form required to be
established under paragraph (1), the Commission shall--
(A) design the form to ensure that a purchaser using the
form receives the information necessary to make knowledgeable
decisions, taking into account--
(i) the availability of information;
(ii) the knowledge and sophistication of that class of
purchasers;
(iii) the complexity of the registered index-linked
annuity; and
(iv) any other factor the Commission determines
appropriate;
(B) engage in investor testing; and
(C) incorporate the results of the testing required under
subparagraph (B) in the design of the form, with the goal of
ensuring that key information is conveyed in terms that a
purchaser is able to understand.
(c) Treatment if Rules Not Prepared and Finalized in a Timely
Manner.--
(1) In general.--If, as of the date that is 18 months after the
date of enactment of this Act, the Commission has failed to prepare
and finalize the rules required under subsection (b)(1), any
registered index-linked annuity may be registered on the form
described in section 239.17b of title 17, Code of Federal
Regulations, or any successor regulation.
(2) Preparation.--A registration described in paragraph (1)
shall be prepared pursuant to applicable provisions of the form
described in that paragraph.
(3) Termination.--This subsection shall terminate upon the
establishment by the Commission of the form described in subsection
(b).
(d) Rules of Construction.--Nothing in this section may be
construed to--
(1) limit the authority of the Commission to--
(A) determine the information to be requested in the form
described in subsection (b); or
(B) extend the eligibility for the form described in
subsection (b) to a product that is similar to, but is not, a
registered index-linked annuity; or
(2) preempt any State law, regulation, rule, or order.
TITLE II--MASIH ALINEJAD HUNT ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``Masih Alinejad Harassment and
Unlawful Targeting Act of 2022'' or the ``Masih Alinejad HUNT Act of
2022''.
SEC. 202. FINDINGS.
Congress finds that the Government of the Islamic Republic of Iran
surveils, harasses, terrorizes, tortures, abducts, and murders
individuals who peacefully defend human rights and freedoms in Iran,
and innocent entities and individuals considered by the Government of
Iran to be enemies of that regime, including United States citizens on
United States soil, and takes foreign nationals hostage, including in
the following instances:
(1) In 2021, Iranian intelligence agents were indicted for
plotting to kidnap United States citizen, women's rights activist,
and journalist Masih Alinejad, from her home in New York City, in
retaliation for exercising her rights under the First Amendment to
the Constitution of the United States. Iranian agents allegedly
spent at least approximately half a million dollars to capture the
outspoken critic of the authoritarianism of the Government of Iran,
and studied evacuating her by military-style speedboats to
Venezuela before rendition to Iran.
(2) Prior to the New York kidnapping plot, Ms. Alinejad's
family in Iran was instructed by authorities to lure Ms. Alinejad
to Turkey. In an attempt to intimidate her into silence, the
Government of Iran arrested 3 of Ms. Alinejad's family members in
2019, and sentenced her brother to 8 years in prison for refusing
to denounce her.
(3) According to Federal prosecutors, the same Iranian
intelligence network that allegedly plotted to kidnap Ms. Alinejad
is also targeting critics of the Government of Iran who live in
Canada, the United Kingdom, and the United Arab Emirates.
(4) In 2021, an Iranian diplomat was convicted in Belgium of
attempting to carry out a 2018 bombing of a dissident rally in
France.
(5) In 2021, a Danish high court found a Norwegian citizen of
Iranian descent guilty of illegal espionage and complicity in a
failed plot to kill an Iranian Arab dissident figure in Denmark.
(6) In 2021, the British Broadcasting Corporation (BBC)
appealed to the United Nations to protect BBC Persian employees in
London who suffer regular harassment and threats of kidnapping by
Iranian government agents.
(7) In 2021, 15 militants allegedly working on behalf of the
Government of Iran were arrested in Ethiopia for plotting to attack
citizens of Israel, the United States, and the United Arab
Emirates, according to United States officials.
(8) In 2020, Iranian agents allegedly kidnapped United States
resident and Iranian-German journalist Jamshid Sharmahd, while he
was traveling to India through Dubai. Iranian authorities announced
they had seized Mr. Sharmahd in ``a complex operation'', and
paraded him blindfolded on state television. Mr. Sharmahd is
arbitrarily detained in Iran, allegedly facing the death penalty.
In 2009, Mr. Sharmahd was the target of an alleged Iran-directed
assassination plot in Glendora, California.
(9) In 2020, the Government of Turkey released counterterrorism
files exposing how Iranian authorities allegedly collaborated with
drug gangs to kidnap Habib Chabi, an Iranian-Swedish activist for
Iran's Arab minority. In 2020, the Government of Iran allegedly
lured Mr. Chabi to Istanbul through a female agent posing as a
potential lover. Mr. Chabi was then allegedly kidnapped from
Istanbul, and smuggled into Iran where he faces execution,
following a sham trial.
(10) In 2020, a United States-Iranian citizen and an Iranian
resident of California pleaded guilty to charges of acting as
illegal agents of the Government of Iran by surveilling Jewish
student facilities, including the Hillel Center and Rohr Chabad
Center at the University of Chicago, in addition to surveilling and
collecting identifying information about United States citizens and
nationals who are critical of the Iranian regime.
(11) In 2019, 2 Iranian intelligence officers at the Iranian
consulate in Turkey allegedly orchestrated the assassination of
Iranian dissident journalist Masoud Molavi Vardanjani, who was shot
while walking with a friend in Istanbul. Unbeknownst to Mr. Molavi,
his ``friend'' was in fact an undercover Iranian agent and the
leader of the killing squad, according to a Turkish police report.
(12) In 2019, around 1,500 people were allegedly killed amid a
less than 2 week crackdown by security forces on anti-government
protests across Iran, including at least an alleged 23 children and
400 women.
(13) In 2019, Iranian operatives allegedly lured Paris-based
Iranian journalist Ruhollah Zam to Iraq, where he was abducted, and
hanged in Iran for sedition.
(14) In 2019, a Kurdistan regional court convicted an Iranian
female for trying to lure Voice of America reporter Ali Javanmardi
to a hotel room in Irbil, as part of a foiled Iranian intelligence
plot to kidnap and extradite Mr. Javanmardi, a critic of the
Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents visited
the rural Connecticut home of Iran-born United States author and
poet Roya Hakakian to warn her that she was the target of an
assassination plot orchestrated by the Government of Iran.
(16) In 2019, the Government of the Netherlands accused the
Government of Iran of directing the assassination of Iranian Arab
activist Ahmad Mola Nissi, in The Hague, and the assassination of
another opposition figure, Reza Kolahi Samadi, who was murdered
near Amsterdam in 2015.
(17) In 2018, German security forces searched for 10 alleged
spies who were working for Iran's al-Quds Force to collect
information on targets related to the local Jewish community,
including kindergartens.
(18) In 2017, Germany convicted a Pakistani man for working as
an Iranian agent to spy on targets including a former German
lawmaker and a French-Israeli economics professor.
(19) In 2012, an Iranian American pleaded guilty to conspiring
with members of the Iranian military to bomb a popular Washington,
DC, restaurant with the aim of assassinating the ambassador of
Saudi Arabia to the United States.
(20) In 1996, agents of the Government of Iran allegedly
assassinated 5 Iranian dissident exiles across Turkey, Pakistan,
and Baghdad, over a 5-month period that year.
(21) In 1992, the Foreign and Commonwealth Office of the United
Kingdom expelled 2 Iranians employed at the Iranian Embassy in
London and a third Iranian on a student visa amid allegations they
were plotting to kill Indian-born British American novelist Salman
Rushdie, pursuant to the fatwa issued by then supreme leader of
Iran, Ayatollah Ruhollah Khomeini.
(22) In 1992, 4 Iranian Kurdish dissidents were assassinated at
a restaurant in Berlin, Germany, allegedly by Iranian agents.
(23) In 1992, singer, actor, poet, and gay Iranian dissident
Fereydoun Farrokhzad was found dead with multiple stab wounds in
his apartment in Germany. His death is allegedly the work of Iran-
directed agents.
(24) In 1980, Ali Akbar Tabatabaei, a leading critic of Iran
and then president of the Iran Freedom Foundation, was murdered in
front of his Bethesda, Maryland, home by an assassin disguised as a
postal courier. The Federal Bureau of Investigation had identified
the ``mailman'' as Dawud Salahuddin, born David Theodore Belfield.
Mr. Salahuddin was working as a security guard at an Iranian
interest office in Washington, DC, when he claims he accepted the
assignment and payment of $5,000 from the Government of Iran to
kill Mr. Tabatabaei.
(25) Other exiled Iranian dissidents alleged to have been
victims of the Government of Iran's murderous extraterritorial
campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali
Oveissi.
(26) Iranian Americans face an ongoing campaign of intimidation
both in the virtual and physical world by agents and affiliates of
the Government of Iran, which aims to stifle freedom of expression
and eliminate the threat Iranian authorities believe democracy,
justice, and gender equality pose to their rule.
SEC. 203. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) Correspondent account; payable-through account.--The terms
``correspondent account'' and ``payable-through account'' have the
meanings given those terms in section 5318A of title 31, United
States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as determined
by the Secretary of the Treasury pursuant to section 104(i) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8513(i)).
(5) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(6) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 204. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO
PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD
DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
the Secretary of the Treasury, the Director of National
Intelligence, and the Attorney General, shall submit to the
appropriate congressional committees a report that--
(A) includes a detailed description and assessment of--
(i) the state of human rights and the rule of law
inside Iran, including the treatment of marginalized
individuals and communities in Iran;
(ii) actions taken by the Government of Iran during the
year preceding submission of the report to target and
silence dissidents both inside and outside of Iran who
advocate for human rights inside Iran;
(iii) the methods used by the Government of Iran to
target and silence dissidents both inside and outside of
Iran; and
(iv) the means through which the Government of Iran
finances efforts to target and silence dissidents both
inside and outside of Iran and the amount of that
financing;
(B) identifies foreign persons working as part of the
Government of Iran or acting on behalf of that Government or
its proxies that are involved in harassment and surveillance
and that the Secretary of State may also, as appropriate,
determine, in consultation with the Secretary of the Treasury,
are knowingly responsible for, complicit in, or involved in
ordering, conspiring, planning, or implementing the
surveillance, harassment, kidnapping, illegal extradition,
imprisonment, torture, killing, or assassination, on or after
the date of the enactment of this Act, of citizens of Iran
(including citizens of Iran of dual nationality) or citizens of
the United States, inside or outside Iran, who seek--
(i) to expose illegal or corrupt activity carried out
by officials of the Government of Iran; or
(ii) to obtain, exercise, defend, or promote the human
rights of individuals, including members of marginalized
communities, in Iran; and
(C) includes, for each foreign person identified under
subparagraph (B), a clear explanation for why the foreign
person was so identified.
(2) Updates of report.--The report required by paragraph (1)
shall be updated, and the updated version submitted to the
appropriate congressional committees, during the 10-year period
following the date of the enactment of this Act--
(A) not less frequently than annually; and
(B) with respect to matters relating to the identification
of foreign persons under paragraph (1)(B), on an ongoing basis
as appropriate.
(3) Form of report.--
(A) In general.--Each report required by paragraph (1) and
each update required by paragraph (2) shall be submitted in
unclassified form but may include a classified annex.
(B) Public availability.--The Secretary of State shall post
the unclassified portion of each report required by paragraph
(1) and each update required by paragraph (2) on a publicly
available internet website of the Department of State.
(b) Imposition of Sanctions.--In the case of a foreign person
identified under paragraph (1)(B) of subsection (a) in the most recent
report or update submitted under that subsection, the President shall
impose the sanctions described in subsection (c), pursuant to this
section or an appropriate Executive authority.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
powers granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all property
and interests in property of a foreign person described in
subsection (a)(1)(B) if such property and interests in property are
in the United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Inadmissibility of certain individuals .--
(A) Ineligibility for visas and admission to the united
states.--In the case of a foreign person described in
subsection (a)(1)(B) who is an individual, the individual is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation
of an individual described in subparagraph (A) shall be
revoked, regardless of when such visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or
entry documentation that is in the individual's
possession.
SEC. 205. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO
FOREIGN FINANCIAL INSTITUTIONS CONDUCTING SIGNIFICANT
TRANSACTIONS WITH PERSONS RESPONSIBLE FOR OR COMPLICIT IN ABUSES
TOWARD DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) Report Required.--Not earlier than 30 days and not later than
60 days after the Secretary of State submits to the appropriate
congressional committees a report required by section 204(a), the
Secretary of the Treasury, in consultation with the Secretary of State,
shall submit to the appropriate congressional committees a report that
identifies any foreign financial institution that knowingly conducts a
significant transaction with a foreign person identified in the report
submitted under section 204(a) on or after the date on which the
foreign person is identified in that report.
(b) Imposition of Sanctions.--The Secretary of the Treasury may
prohibit the opening, or prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution identified
under subsection (a).
SEC. 206. EXCEPTIONS; WAIVERS; IMPLEMENTATION.
(a) Exceptions.--
(1) Exception for intelligence, law enforcement, and national
security activities.--Sanctions under sections 204 and 205 shall
not apply to any authorized intelligence, law enforcement, or
national security activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under section 204(c)(2) shall not apply with
respect to the admission of an individual to the United States if
the admission of the individual is necessary to permit the United
States to comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United Nations
and the United States, the Convention on Consular Relations, done
at Vienna April 24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(b) National Interests Waiver.--The President may waive the
application of sanctions under section 204 with respect to a person if
the President--
(1) determines that the waiver is in the national interests of
the United States; and
(2) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this title.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of section 204(c)(1) or
205(b) or any regulation, license, or order issued to carry out
either such section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent
as a person that commits an unlawful act described in subsection
(a) of that section.
SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of this title,
the authorities and requirements to impose sanctions under this title
shall not include the authority or a requirement to impose sanctions on
the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
TITLE III--TRADING PROHIBITIONS
SEC. 301. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION
YEARS.
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``the foreign
jurisdiction described in clause (i)'' and inserting ``a foreign
jurisdiction''; and
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``3'' and
inserting ``2''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``3'' and inserting ``2''.
TITLE IV--ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT
SEC. 401. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) In General.--Section 5323 of title 31, United States Code, as
amended by section 6314 of the Anti-Money Laundering Act of 2020
(division F of Public Law 116-283) is amended by striking subsection
(b) and inserting the following:
``(b) Awards.--
``(1) In general.--In any covered judicial or administrative
action, or related action, the Secretary, under regulations
prescribed by the Secretary, in consultation with the Attorney
General and subject to subsection (c), shall pay an award or awards
to 1 or more whistleblowers who voluntarily provided original
information to the employer of the individual, the Secretary, or
the Attorney General, as applicable, that led to the successful
enforcement of the covered judicial or administrative action, or
related action, in an aggregate amount equal to--
``(A) not less than 10 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions; and
``(B) not more than 30 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions.
``(2) Payment of awards.--
``(A) In general.--Any amount paid under paragraph (1)
shall be paid from the Fund established under paragraph (3).
``(B) Related actions.--The Secretary may pay awards less
than the amount described in paragraph (1)(A) for related
actions in which a whistleblower may be paid by another
whistleblower award program.
``(3) Source of awards.--
``(A) In general.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the Financial Integrity Fund (referred to in this subsection as
the `Fund').
``(B) Use of fund.--The Fund shall be available to the
Secretary, without further appropriation or fiscal year
limitations, only for the payment of awards to whistleblowers
as provided in subsection (b).
``(C) Restrictions on use of fund.--The Fund shall not be
available to pay any personnel or administrative expenses.
``(4) Deposits and credits.--
``(A) In general.--There shall be deposited into or
credited to the Fund an amount equal to--
``(i) any monetary sanction collected by the Secretary
or Attorney General in any judicial or administrative
action under this title, chapter 35 or section 4305 or 4312
of title 50, or the Foreign Narcotics Kingpin Designation
Act (21 U.S.C. 1901 et seq.), unless the balance of the
Fund at the time the monetary sanction is collected exceeds
$300,000,000; and
``(ii) all income from investments made under paragraph
(5).
``(B) Additional amounts.--If the amounts deposited into or
credited to the Fund under subparagraph (A) are not sufficient
to satisfy an award made under this subsection, there shall be
deposited into or credited to the Fund an amount equal to the
unsatisfied portion of the award from any monetary sanction
collected by the Secretary of the Treasury or Attorney General
in the covered judicial or administrative action on which the
award is based.
``(C) Exception.--No amounts to be deposited or transferred
into the United States Victims of State Sponsored Terrorism
Fund pursuant to the Justice for United States Victims of State
Sponsored Terrorism Act (34 U.S.C. 20144) or the Crime Victims
Fund pursuant section 1402 of the Victims of Crime Act of 1984
(34 U.S.C. 20101) shall be deposited into or credited to the
Fund.
``(5) Investments.--
``(A) Amounts in fund may be invested.--The Secretary of
the Treasury may invest the portion of the Fund that is not
required to meet the current needs of the Fund.
``(B) Eligible investments.--Investments shall be made by
the Secretary of the Treasury in obligations of the United
States or obligations that are guaranteed as to principal and
interest by the United States, with maturities suitable to the
needs of the Fund as determined by the Secretary.
``(C) Interest and proceeds credited.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to, and form a part of, the
Fund.''.
(b) Technical and Conforming Amendments.--Section 5323 of title 31,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (5), by striking ``this
subchapter or subchapter III'' each place the term appears and
inserting ``this subchapter, chapter 35 or section 4305 or 4312
of title 50, the Foreign Narcotics Kingpin Designation Act (21
U.S.C. 1901 et seq.), or .), and for conspiracies to violate
the aforementioned provisions''; and
(B) in paragraph (4)--
(i) by inserting ``covered'' after ``respect to any'';
(ii) by striking ``under this subchapter or subchapter
III''; and
(iii) by striking ``action by the Secretary or the
Attorney General'' and inserting ``covered action'';
(2) in subsection (c)(1)(B)(iii)--
(A) by striking ``subchapter and subchapter III'' and
inserting ``this subchapter, chapter 35 or section 4305 or 4312
of title 50, and the Foreign Narcotics Kingpin Designation Act
(21 U.S.C. 1901 et seq.)''; and
(B) by striking ``either such subchapter'' and inserting
``the covered judicial or administrative action''; and
(3) in subsection (g)(4)(D)(i), by inserting ``chapter 35 or
section 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.),'' after ``subchapter,''.
TITLE V--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE
SIMPLIFICATION
SEC. 501. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION
BROKERS.
(a) In General.--Section 15(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in subparagraph (B),
an M&A broker shall be exempt from registration under this
section.
``(B) Excluded activities.--An M&A broker is not exempt
from registration under this paragraph if such broker does any
of the following:
``(i) Directly or indirectly, in connection with the
transfer of ownership of an eligible privately held
company, receives, holds, transmits, or has custody of the
funds or securities to be exchanged by the parties to the
transaction.
``(ii) Engages on behalf of an issuer in a public
offering of any class of securities that is registered, or
is required to be registered, with the Commission under
section 12 or with respect to which the issuer files, or is
required to file, periodic information, documents, and
reports under subsection (d).
``(iii) Engages on behalf of any party in a transaction
involving a shell company, other than a business
combination related shell company.
``(iv) Directly, or indirectly through any of its
affiliates, provides financing related to the transfer of
ownership of an eligible privately held company.
``(v) Assists any party to obtain financing from an
unaffiliated third party without--
``(I) complying with all other applicable laws in
connection with such assistance, including, if
applicable, Regulation T (12 C.F.R. 220 et seq.); and
``(II) disclosing any compensation in writing to
the party.
``(vi) Represents both the buyer and the seller in the
same transaction without providing clear written disclosure
as to the parties the broker represents and obtaining
written consent from both parties to the joint
representation.
``(vii) Facilitates a transaction with a group of
buyers formed with the assistance of the M&A broker to
acquire the eligible privately held company.
``(viii) Engages in a transaction involving the
transfer of ownership of an eligible privately held company
to a passive buyer or group of passive buyers.
``(ix) Binds a party to a transfer of ownership of an
eligible privately held company.
``(C) Disqualification.--An M&A broker is not exempt from
registration under this paragraph if such broker (and if and as
applicable, including any officer, director, member, manager,
partner, or employee of such broker)--
``(i) has been barred from association with a broker or
dealer by the Commission, any State, or any self-regulatory
organization; or
``(ii) is suspended from association with a broker or
dealer.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to limit any other authority of the
Commission to exempt any person, or any class of persons, from
any provision of this title, or from any provision of any rule
or regulation thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell company.--The
term `business combination related shell company' means a
shell company that is formed by an entity that is not a
shell company--
``(I) solely for the purpose of changing the
corporate domicile of that entity solely within the
United States; or
``(II) solely for the purpose of completing a
business combination transaction (as defined under
section 230.165(f) of title 17, Code of Federal
Regulations) among one or more entities other than the
company itself, none of which is a shell company.
``(ii) Control.--The term `control' means the power,
directly or indirectly, to direct the management or
policies of a company, whether through ownership of
securities, by contract, or otherwise. There is a
presumption of control if, upon completion of a
transaction, the buyer or group of buyers--
``(I) has the right to vote 25 percent or more of a
class of voting securities or the power to sell or
direct the sale of 25 percent or more of a class of
voting securities; or
``(II) in the case of a partnership or limited
liability company, has the right to receive upon
dissolution, or has contributed, 25 percent or more of
the capital.
``(iii) Eligible privately held company.--The term
`eligible privately held company' means a privately held
company that meets both of the following conditions:
``(I) The company does not have any class of
securities registered, or required to be registered,
with the Commission under section 12 or with respect to
which the company files, or is required to file,
periodic information, documents, and reports under
subsection (d).
``(II) In the fiscal year ending immediately before
the fiscal year in which the services of the M&A broker
are initially engaged with respect to the securities
transaction, the company meets either or both of the
following conditions (determined in accordance with the
historical financial accounting records of the
company):
``(aa) The earnings of the company before
interest, taxes, depreciation, and amortization are
less than $25,000,000.
``(bb) The gross revenues of the company are
less than $250,000,000.
For purposes of this subclause, the Commission may by
rule modify the dollar figures if the Commission
determines that such a modification is necessary or
appropriate in the public interest or for the
protection of investors.
``(iv) M&A broker.--The term `M&A broker' means a
broker, and any person associated with a broker, engaged in
the business of effecting securities transactions solely in
connection with the transfer of ownership of an eligible
privately held company, regardless of whether the broker
acts on behalf of a seller or buyer, through the purchase,
sale, exchange, issuance, repurchase, or redemption of, or
a business combination involving, securities or assets of
the eligible privately held company, if the broker
reasonably believes that--
``(I) upon consummation of the transaction, any
person acquiring securities or assets of the eligible
privately held company, acting alone or in concert--
``(aa) will control the eligible privately held
company or the business conducted with the assets
of the eligible privately held company; and
``(bb) directly or indirectly, will be active
in the management of the eligible privately held
company or the business conducted with the assets
of the eligible privately held company, including
without limitation, for example, by--
``(AA) electing executive officers;
``(BB) approving the annual budget;
``(CC) serving as an executive or other
executive manager; or
``(DD) carrying out such other activities
as the Commission may, by rule, determine to be
in the public interest; and
``(II) if any person is offered securities in
exchange for securities or assets of the eligible
privately held company, such person will, prior to
becoming legally bound to consummate the transaction,
receive or have reasonable access to the most recent
fiscal year-end financial statements of the issuer of
the securities as customarily prepared by the
management of the issuer in the normal course of
operations and, if the financial statements of the
issuer are audited, reviewed, or compiled, any related
statement by the independent accountant, a balance
sheet dated not more than 120 days before the date of
the offer, and information pertaining to the
management, business, results of operations for the
period covered by the foregoing financial statements,
and material loss contingencies of the issuer.
``(v) Shell company.--The term `shell company' means a
company that at the time of a transaction with an eligible
privately held company--
``(I) has no or nominal operations; and
``(II) has--
``(aa) no or nominal assets;
``(bb) assets consisting solely of cash and
cash equivalents; or
``(cc) assets consisting of any amount of cash
and cash equivalents and nominal other assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5 years after
the date of the enactment of this paragraph, and every 5
years thereafter, each dollar amount in subparagraph
(E)(iii)(II) shall be adjusted by--
``(I) dividing the annual value of the Employment
Cost Index For Wages and Salaries, Private Industry
Workers (or any successor index), as published by the
Bureau of Labor Statistics, for the calendar year
preceding the calendar year in which the adjustment is
being made by the annual value of such index (or
successor) for the calendar year ending December 31,
2020; and
``(II) multiplying such dollar amount by the
quotient obtained under subclause (I).
``(ii) Rounding.--Each dollar amount determined under
clause (i) shall be rounded to the nearest multiple of
$100,000.''.
(b) Effective Date.--This section and any amendment made by this
section shall take effect on the date that is 90 days after the date of
enactment of this Act.
TITLE VI--PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY
SEC. 601. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
(a) Public Housing, Tenant-Based Assistance, and Project-Based
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the end
the following:
``(9) Qualifying smoke alarms.--
``(A) In general.--Each public housing agency shall ensure
that a qualifying smoke alarm is installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in or
near each sleeping area in any dwelling unit in public housing
owned or operated by the public housing agency, including in
basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling
unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has
the meaning given the term `smoke detector' in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable,
nonreplaceable primary batteries and is sealed, is
tamper resistant, and contains silencing means; and
``(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''; and
(2) in section 8 (42 U.S.C. 1437f)--
(A) by inserting after subsection (k) the following:
``(l) Qualifying Smoke Alarms.--
``(1) In general.--Each owner of a dwelling unit receiving
project-based assistance under this section shall ensure that
qualifying smoke alarms are installed in accordance with applicable
codes and standards published by the International Code Council or
the National Fire Protection Association and the requirements of
the National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping area
in such dwelling unit, including in basements but excepting crawl
spaces and unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the
date of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable,
nonreplaceable primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any successor
standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''; and
(B) in subsection (o), by adding at the end the following:
``(22) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit receiving tenant-
based assistance or project-based assistance under this
subsection shall have a qualifying smoke alarm installed in
accordance with applicable codes and standards published by the
International Code Council or the National Fire Protection
Association and the requirements of the National Fire
Protection Association Standard 72, or any successor standard,
in each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting crawl
spaces and unfinished attics, and in each common area in a
project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has
the meaning given the term `smoke detector' in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable,
nonreplaceable primary batteries and is sealed, is
tamper resistant, and contains silencing means; and
``(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''.
(b) Supportive Housing for the Elderly.--Section 202(j) of the
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the
end the following:
``(10) Qualifying smoke alarms.--
``(A) In general.--Each owner of a dwelling unit assisted
under this section shall ensure that qualifying smoke alarms
are installed in accordance with the requirements of applicable
codes and standards and the National Fire Protection
Association Standard 72, or any successor standard, in each
level and in or near each sleeping area in such dwelling unit,
including in basements but excepting crawl spaces and
unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has
the meaning given the term `smoke detector' in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable,
nonreplaceable primary batteries and is sealed, is
tamper resistant, and contains silencing means; and
``(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''.
(c) Supportive Housing for Persons With Disabilities.--Section
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(j)) is amended by adding at the end the following:
``(8) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit assisted under this
section shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published by the International Code Council or the National
Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but
excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has
the meaning given the term `smoke detector' in section
29(d) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before
the date of enactment of this paragraph and not
substantially rehabilitated after the date of enactment
of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable,
nonreplaceable primary batteries and is sealed, is
tamper resistant, and contains silencing means; and
``(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any
successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment
of this paragraph, is hardwired.''.
(d) Housing Opportunities for Persons With AIDS.--Section 856 of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905)
is amended by adding at the end the following new subsection:
``(j) Qualifying Smoke Alarms.--
``(1) In general.--Each dwelling unit assisted under this
subtitle shall contain qualifying smoke alarms that are installed
in accordance with applicable codes and standards published by the
International Code Council or the National Fire Protection
Association and the requirements of the National Fire Protection
Association Standard 72, or any successor standard, in each level
and in or near each sleeping area in such dwelling unit, including
in basements but excepting crawl spaces and unfinished attics, and
in each common area in a project containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the
date of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable,
nonreplaceable primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any successor
standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this subsection, is hardwired.''.
(e) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) is amended--
(1) in section 514 (42 U.S.C. 1484), by adding at the end the
following:
``(k) Qualifying Smoke Alarms.--
``(1) In general.--Housing and related facilities constructed
with loans under this section shall contain qualifying smoke alarms
that are installed in accordance with applicable codes and
standards published by the International Code Council or the
National Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting crawl spaces
and unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the
date of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable,
nonreplaceable primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any successor
standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this subsection, is hardwired.''; and
(2) in section 515(m) (42 U.S.C. 1485(m)), by adding at the end
the following:
``(3) Qualifying Smoke Alarms.--
``(A) In general.--Housing and related facilities rehabilitated
or repaired with amounts received under a loan made or insured
under this section shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published by the International Code Council or the National Fire
Protection Association and the requirements of the National Fire
Protection Association Standard 72, or any successor standard, in
each level and in or near each sleeping area in such dwelling unit,
including in basements but excepting crawl spaces and unfinished
attics, and in each common area in a project containing such a
dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the
date of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this
paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable,
nonreplaceable primary batteries and is sealed, is
tamper resistant, and contains silencing means; and
``(bb) provides notification for persons with
hearing loss as required by the National Fire
Protection Association Standard 72, or any successor
standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''.
(f) Farm Labor Housing Direct Loans & Grants.--Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) that such housing shall contain qualifying smoke alarms
that are installed in accordance with applicable codes and
standards published by the International Code Council or the
National Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area in such
dwelling unit, including in basements but excepting crawl spaces
and unfinished attics, and in each common area in a project
containing such a dwelling unit.''; and
(2) in subsection (g)--
(A) in paragraph (3) by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) the term `smoke alarm' has the meaning given the term
`smoke detector' in section 29(d) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2225(d)); and
``(6) the term `qualifying smoke alarm' means a smoke alarm
that--
``(A) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(i)(I) is hardwired; or
``(II) uses 10-year non rechargeable, nonreplaceable
primary batteries and--
``(aa) is sealed;
``(bb) is tamper resistant; and
``(cc) contains silencing means; and
``(ii) provides notification for persons with hearing
loss as required by the National Fire Protection
Association Standard 72, or any successor standard; or
``(B) in the case of a dwelling unit built or substantially
rehabilitated after the date of enactment of this paragraph, is
hardwired.''.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the amendments made by this section such sums
as are necessary for each of fiscal years 2023 through 2027.
(h) Effective Date.--The amendments made by subsections (a) through
(f) shall take effect on the date that is 2 years after the date of
enactment of this Act.
(i) No Preemption.--Nothing in the amendments made by this section
shall be construed to preempt or limit the applicability of any State
or local law relating to the installation and maintenance of smoke
alarms in housing that requires standards that are more stringent than
the standards described in the amendments made by this section.
TITLE VII--BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
SEC. 701. SHORT TITLE.
This title may be cited as the ``Benjamin Berell Ferencz
Congressional Gold Medal Act''.
SEC. 702. FINDINGS.
Congress finds the following:
(1) Benjamin ``Ben'' Berell Ferencz was born on March 11, 1920,
in Transylvania, now modern-day Hungary.
(2) In 1920, Ben and his family fled anti-Semitic persecution
and emigrated to the United States. Ben grew up in New York City,
and, in 1940, was awarded a scholarship to Harvard Law School where
he graduated with honors.
(3) After the onset of World War II, Ben enlisted in the United
States Army in 1943, and joined an anti-aircraft artillery
battalion preparing for the invasion of France. As an enlisted man
under General Patton, he fought in most of the major campaigns in
Europe.
(4) As Nazi atrocities were uncovered, Ben was transferred to a
newly created War Crimes Branch of the Army to gather evidence of
war crimes that could be used in a court of law to prosecute
persons responsible for these crimes. Ben documented the horrors
perpetrated by Nazi Germany, visiting concentration camps as they
were liberated.
(5) At the end of 1945, Ben was honorably discharged from the
United States Army with the rank of Sergeant of Infantry. He had
been awarded five battle stars.
(6) In 1946, the United States Government recruited Ben to join
the team working on the Nuremberg tribunals, a novel independent
court established to try top-ranking Nazi officials for crimes
perpetrated during the course of the war, including those crimes we
now call the Holocaust. Mr. Ferencz was sent to Berlin to oversee a
team of 50 researchers investigating official Nazi records, which
provided overwhelming evidence to implicate German doctors,
lawyers, judges, generals, industrialists, and others in genocide.
(7) By 1948, at age 27, Ben had secured enough evidence to
prosecute 22 SS members of Nazi killing squads charged for the
murder of over 1,000,0000 Jewish, Roma, Soviet, and other men,
women, and children in shooting massacres in occupied Soviet
territory. He was appointed chief prosecutor in the Einsatzgruppen
Trial, in what the Associated Press called ``the biggest murder
trial in history''. The court found 20 Nazi officials guilty of war
crimes, crimes against humanity, and membership in a criminal
organization for their roles in the murder of over a million
people. An additional two defendants were found guilty for
membership in a criminal organization.
(8) After the Nuremberg trials ended, Ben fought for
compensation for victims and survivors of the Holocaust, the return
of stolen assets, and other forms of restitution for those who had
suffered at the hands of the Nazis.
(9) Since the 1970s, Ben has worked tirelessly to promote
development of international mechanisms to outlaw and punish
aggressive war and the crimes of genocide, crimes against humanity
and war crimes. His efforts contributed to the establishment of the
International Criminal Court and to the recognition of aggression
as an international crime.
(10) Ben is a tireless advocate for international criminal
justice and the conviction that the rule of law offers the world a
sustainable path to stem conflict and reach peaceful conclusions to
geopolitical disputes. His unwavering goal has been ``to establish
a legal precedent that would encourage a more humane and secure
world in the future''.
(11) Ben, at age 102, is still active, giving speeches
throughout the world about lessons learned during his extraordinary
career. He is compelled by the imperative to ``replace the rule of
force with the rule of law'', promoting judicial mechanisms that
can resolve conflict. He often tells young people to ``never give
up'' because the fight for peace and justice is worth the long
struggle ahead.
SEC. 703. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Benjamin Berell
Ferencz, in recognition of his service to the United States and
international community during the post-World War II Nuremberg trials
and lifelong advocacy for international criminal justice and rule of
law.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this title as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary. The design shall bear an image of, and inscription of the
name of, Benjamin Berell Ferencz.
(c) Disposition of Medal.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to Benjamin Berell
Ferencz or, if unavailable, to his son, Donald Ferencz.
SEC. 704. DUPLICATE MEDALS.
(a) In General.--The Secretary may strike and sell duplicates in
bronze of the gold medal struck pursuant to section 703, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses.
(b) United States Holocaust Memorial Museum.--
(1) In general.--The Secretary shall provide a duplicate bronze
medal described under subsection (a) to the United States Holocaust
Memorial Museum.
(2) Sense of congress.--It is the sense of Congress that the
United States Holocaust Memorial Museum should make the duplicate
medal received under this subsection available for display to the
public whenever the United States Holocaust Memorial Museum
determines that such display is timely, feasible, and practical.
SEC. 705. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this title are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this title shall be
considered to be numismatic items.
SEC. 706. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
under this title.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 704 shall be deposited into the
United States Mint Public Enterprise Fund.
TITLE VIII--CONGRESSIONAL OVERSIGHT COMMISSION
SEC. 801. TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.
Section 4020(f) of the CARES Act (15 U.S.C. 9055(f)) is amended by
striking ``September 30, 2025'' and inserting ``June 30, 2023''.
TITLE IX--FLOOD INSURANCE
SEC. 901. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30,
2022'' and inserting ``September 30, 2023''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
(c) Retroactive Effective Date.--The amendments made by subsections
(a) and (b) shall take effect as if enacted on September 30, 2022.
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
TITLE I--MANUFACTURING.GOV
SEC. 101. MANUFACTURING.GOV HUB.
(a) Definition.--In this section, the term ``Secretary'' means the
Secretary of Commerce.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the Chief
Information Officer of the Department of Commerce, shall modify the
manufacturing.gov website by establishing a section of the website to
be known as the ``manufacturing.gov hub''.
(c) Functions.--The manufacturing.gov hub established under
subsection (b) shall--
(1) serve as the primary hub for information relating to every
Federal manufacturing program, including the programs identified in
the report of the Government Accountability Office entitled ``U.S.
Manufacturing'' (GAO 17-240), published on March 28, 2017;
(2) provide the contact information of relevant program offices
carrying out the Federal manufacturing programs described in
paragraph (1);
(3) provide an avenue for public input and feedback relating
to--
(A) the functionality of the website of the Department of
Commerce;
(B) the Federal manufacturing programs described in
paragraph (1); and
(C) any other manufacturing-related challenges experienced
by manufacturers in the United States;
(4) establish web pages within the hub that shall focus on--
(A) technology and research and development;
(B) trade;
(C) workforce development and training;
(D) industrial commons and supply chains; and
(E) small and medium manufacturers; and
(5) use machine learning to--
(A) identify frequently asked questions; and
(B) disseminate to the public answers to the questions
identified under subparagraph (A).
(d) No Additional Funds.--No additional funds are authorized to be
appropriated for the purpose of carrying out this section.
TITLE II--STURDY
SEC. 201. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-
OVER OF CLOTHING STORAGE UNITS.
(a) Clothing Storage Unit Defined.--In this section, the term
``clothing storage unit'' means any free-standing furniture item
manufactured in the United States or imported for use in the United
States that is intended for the storage of clothing, typical of bedroom
furniture.
(b) CPSC Determination of Scope.--The Consumer Product Safety
Commission shall specify the types of furniture items within the scope
of subsection (a) as part of a standard promulgated under this section
based on tip-over data as reasonably necessary to protect children up
to 72 months of age from injury or death.
(c) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (f )(1), not
later than 1 year after the date of the enactment of this Act, the
Consumer Product Safety Commission shall--
(A) in consultation with representatives of consumer
groups, clothing storage unit manufacturers, craft or handmade
furniture manufacturers, and independent child product
engineers and experts, examine and assess the effectiveness of
any voluntary consumer product safety standards for clothing
storage units; and
(B) in accordance with section 553 of title 5, United
States Code, and paragraph (2), promulgate a final consumer
product safety standard for clothing storage units to protect
children from tip-over-related death or injury, that shall take
effect 180 days after the date of promulgation or such a later
date as the Commission determines appropriate.
(2) Requirements.--The standard promulgated under paragraph (1)
shall protect children from tip-over-related death or injury with--
(A) tests that simulate the weight of children up to 60
pounds;
(B) objective, repeatable, reproducible, and measurable
tests or series of tests that simulate real-world use and
account for impacts on clothing storage unit stability that may
result from placement on carpeted surfaces, drawers with items
in them, multiple open drawers, and dynamic force;
(C) testing of all clothing storage units, including those
27 inches and above in height; and
(D) warning requirements based on ASTM F2057-19, or its
successor at the time of enactment, provided that the Consumer
Product Safety Commission may strengthen the warning
requirements of ASTM F2057-19, or its successor, if reasonably
necessary to protect children from tip-over-related death or
injury.
(3) Testing clarification.--Tests referred to in paragraph
(2)(B) shall allow for the utilization of safety features
(excluding tip restraints) to work as intended if the features
cannot be overridden by consumers in normal use.
(4) Treatment of standard.--A consumer product safety standard
promulgated under paragraph (1) shall be treated as a consumer
product safety rule promulgated under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(d) Adoption of Voluntary Standard.--
(1) In general.--If a voluntary standard exists that meets the
requirements of paragraph (2), the Commission shall, not later than
90 days after the date on which such determination is made and in
accordance with section 553 of title 5, United States Code,
promulgate a final consumer product safety standard that adopts the
applicable performance requirements of such voluntary standard
related to protecting children from tip-over-related death or
injury. A consumer product safety standard promulgated under this
subsection shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058). Such standard shall take effect 120 days after the
date of the promulgation of the rule, or such a later date as the
Commission determines appropriate. Such standard will supersede any
other existing standard for clothing storage units to protect
children from tip-over-related death or injury.
(2) Requirements.--The requirements of this paragraph with
respect to a voluntary standard for clothing storage units are that
such standard--
(A) protects children up to 72 months of age from tip-over-
related death or injury;
(B) meets the requirements described in subsection (c)(2);
(C) is, or will be, published not later than 60 days after
the date of enactment of this Act; and
(D) is developed by ASTM International or such other
standard development organization that the Commission
determines is in compliance with the intent of this section.
(3) Notice required to be published in the federal register.--
The Commission shall publish a notice in the Federal Register upon
beginning the promulgation of a rule under this subsection.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the performance requirements of a
voluntary standard adopted under subsection (d) are subsequently
revised, the organization that revised the performance requirements
of such standard shall notify the Commission of such revision after
final approval.
(2) Treatment of revision.--Not later than 90 days after the
date on which the Commission is notified of revised performance
requirements of a voluntary standard described in paragraph (1) (or
such later date as the Commission determines appropriate), the
Commission shall determine whether the revised performance
requirements meet the requirements of subsection (d)(2)(B), and if
so, modify, in accordance with section 553 of title 5, United
States Code, the standard promulgated under subsection (d) to
include the revised performance requirements that the Commission
determines meet such requirements. The modified standard shall take
effect after 180 days or such later date as the Commission deems
appropriate.
(f) Subsequent Rulemaking.--
(1) In general.--Beginning 5 years after the date of enactment
of this Act, subsequent to the publication of a consumer product
safety standard under this section, the Commission may, at any
time, initiate rulemaking, in accordance with section 553 of title
5, United States Code, to modify the requirements of such standard
or to include additional provisions if the Commission makes a
determination that such modifications or additions are reasonably
necessary to protect children from tip-over-related death or
injury.
(2) Petition for revision of rule.--
(A) In general.--If the Commission receives a petition for
a new or revised test that permits incorporated safety features
(excluding tip restraints) to work as intended, if the features
cannot be overridden by consumers in normal use and provide an
equivalent or greater level of safety as the tests developed
under subsection (c)(2) or the performance requirements
described in subsection (d)(2)(B), as applicable, the
Commission shall determine within 120 days--
(i) whether the petition meets the requirements for
petitions set forth in section 1051.5 of title 16, Code of
Federal Regulations, or any successor regulation
implementing section 9(i) of the Consumer Product Safety
Act (15 U.S.C. 2058(i)); and
(ii) whether the petition demonstrates that the test
could reasonably meet the requirements of subsection
(c)(2)(B), and if so, the Commission shall determine by
recorded vote, within 60 days after the determination,
whether to initiate rulemaking, in accordance with section
553 of title 5, United States Code, to revise a consumer
product safety standard promulgated under this section to
include the new or revised test.
(B) Demonstration of compliance.--Compliance with the
testing requirements of a standard revised under subparagraph
(A) may be demonstrated either through the performance of a new
or revised test under subparagraph (A) or the performance of
the tests otherwise required under a standard promulgated under
this section.
(3) Treatment of rules.--Any rule promulgated under this
subsection, including any modification or revision made under this
subsection, shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058).
TITLE III--INFORM CONSUMERS
SEC. 301. COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION
BY ONLINE MARKETPLACES TO INFORM CONSUMERS.
(a) Collection and Verification of Information.--
(1) Collection.--
(A) In general.--An online marketplace shall require any
high-volume third party seller on such online marketplace's
platform to provide, not later than 10 days after qualifying as
a high-volume third party seller on the platform, the following
information to the online marketplace:
(i) Bank account.--
(I) In general.--A bank account number, or, if such
seller does not have a bank account, the name of the
payee for payments issued by the online marketplace to
such seller.
(II) Provision of information.--The bank account or
payee information required under subclause (I) may be
provided by the seller in the following ways:
(aa) To the online marketplace.
(bb) To a payment processor or other third
party contracted by the online marketplace to
maintain such information, provided that the online
marketplace ensures that it can obtain such
information within 3 business days from such
payment processor or other third party.
(ii) Contact information.--Contact information for such
seller as follows:
(I) With respect to a high-volume third party
seller that is an individual, the individual's name.
(II) With respect to a high-volume third party
seller that is not an individual, one of the following
forms of contact information:
(aa) A copy of a valid government-issued
identification for an individual acting on behalf
of such seller that includes the individual's name.
(bb) A copy of a valid government-issued record
or tax document that includes the business name and
physical address of such seller.
(iii) Tax id.--A business tax identification number,
or, if such seller does not have a business tax
identification number, a taxpayer identification number.
(iv) Working email and phone number.--A current working
email address and phone number for such seller.
(B) Notification of change; annual certification.--An
online marketplace shall--
(i) periodically, but not less than annually, notify
any high-volume third party seller on such online
marketplace's platform of the requirement to keep any
information collected under subparagraph (A) current; and
(ii) require any high-volume third party seller on such
online marketplace's platform to, not later than 10 days
after receiving the notice under clause (i), electronically
certify that--
(I) the seller has provided any changes to such
information to the online marketplace, if any such
changes have occurred; or
(II) there have been no changes to such seller's
information.
(C) Suspension.--In the event that a high-volume third
party seller does not provide the information or certification
required under this paragraph, the online marketplace shall,
after providing the seller with written or electronic notice
and an opportunity to provide such information or certification
not later than 10 days after the issuance of such notice,
suspend any future sales activity of such seller until such
seller provides such information or certification.
(2) Verification.--
(A) In general.--An online marketplace shall--
(i) verify the information collected under paragraph
(1)(A) not later than 10 days after such collection; and
(ii) verify any change to such information not later
than 10 days after being notified of such change by a high-
volume third party seller under paragraph (1)(B).
(B) Presumption of verification.--In the case of a high-
volume third party seller that provides a copy of a valid
government-issued tax document, any information contained in
such document shall be presumed to be verified as of the date
of issuance of such document.
(3) Data use limitation.--Data collected solely to comply with
the requirements of this section may not be used for any other
purpose unless required by law.
(4) Data security requirement.--An online marketplace shall
implement and maintain reasonable security procedures and
practices, including administrative, physical, and technical
safeguards, appropriate to the nature of the data and the purposes
for which the data will be used, to protect the data collected to
comply with the requirements of this section from unauthorized use,
disclosure, access, destruction, or modification.
(b) Disclosure Required.--
(1) Requirement.--
(A) In general.--An online marketplace shall--
(i) require any high-volume third party seller with an
aggregate total of $20,000 or more in annual gross revenues
on such online marketplace, and that uses such online
marketplace's platform, to provide the information
described in subparagraph (B) to the online marketplace;
and
(ii) disclose the information described in subparagraph
(B) to consumers in a clear and conspicuous manner--
(I) on the product listing page (including via
hyperlink); or
(II) in the order confirmation message or other
document or communication made to the consumer after
the purchase is finalized and in the consumer's account
transaction history.
(B) Information described.--The information described in
this subparagraph is the following:
(i) Subject to paragraph (2), the identity of the high-
volume third party seller, including--
(I) the full name of the seller, which may include
the seller name or seller's company name, or the name
by which the seller or company operates on the online
marketplace;
(II) the physical address of the seller; and
(III) contact information for the seller, to allow
for the direct, unhindered communication with high-
volume third party sellers by users of the online
marketplace, including--
(aa) a current working phone number;
(bb) a current working email address; or
(cc) other means of direct electronic messaging
(which may be provided to such seller by the online
marketplace), provided that the requirements of
this item shall not prevent an online marketplace
from monitoring communications between high-volume
third party sellers and users of the online
marketplace for fraud, abuse, or spam.
(ii) Whether the high-volume third party seller used a
different seller to supply the consumer product to the
consumer upon purchase, and, upon the request of an
authenticated purchaser, the information described in
clause (i) relating to any such seller that supplied the
consumer product to the purchaser, if such seller is
different than the high-volume third party seller listed on
the product listing prior to purchase.
(2) Exception.--
(A) In general.--Subject to subparagraph (B), upon the
request of a high-volume third party seller, an online
marketplace may provide for partial disclosure of the identity
information required under paragraph (1)(B)(i) in the following
situations:
(i) If such seller certifies to the online marketplace
that the seller does not have a business address and only
has a residential street address, or has a combined
business and residential address, the online marketplace
may--
(I) disclose only the country and, if applicable,
the State in which such seller resides; and
(II) inform consumers that there is no business
address available for the seller and that consumer
inquiries should be submitted to the seller by phone,
email, or other means of electronic messaging provided
to such seller by the online marketplace.
(ii) If such seller certifies to the online marketplace
that the seller is a business that has a physical address
for product returns, the online marketplace may disclose
the seller's physical address for product returns.
(iii) If such seller certifies to the online
marketplace that the seller does not have a phone number
other than a personal phone number, the online marketplace
shall inform consumers that there is no phone number
available for the seller and that consumer inquiries should
be submitted to the seller's email address or other means
of electronic messaging provided to such seller by the
online marketplace.
(B) Limitation on exception.--If an online marketplace
becomes aware that a high-volume third party seller has made a
false representation to the online marketplace in order to
justify the provision of a partial disclosure under
subparagraph (A) or that a high-volume third party seller who
has requested and received a provision for a partial disclosure
under subparagraph (A) has not provided responsive answers
within a reasonable time frame to consumer inquiries submitted
to the seller by phone, email, or other means of electronic
messaging provided to such seller by the online marketplace,
the online marketplace shall, after providing the seller with
written or electronic notice and an opportunity to respond not
later than 10 days after the issuance of such notice, suspend
any future sales activity of such seller unless such seller
consents to the disclosure of the identity information required
under paragraph (1)(B)(i).
(3) Reporting mechanism.--An online marketplace shall disclose
to consumers in a clear and conspicuous manner on the product
listing of any high-volume third party seller a reporting mechanism
that allows for electronic and telephonic reporting of suspicious
marketplace activity to the online marketplace.
(4) Compliance.--If a high-volume third party seller does not
comply with the requirements to provide and disclose information
under this subsection, the online marketplace shall, after
providing the seller with written or electronic notice and an
opportunity to provide or disclose such information not later than
10 days after the issuance of such notice, suspend any future sales
activity of such seller until the seller complies with such
requirements.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a) or (b) by an online marketplace shall be treated as
a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce subsections
(a) and (b) in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this section.
(B) Privileges and immunities.--Any person that violates
subsection (a) or (b) shall be subject to the penalties, and
entitled to the privileges and immunities, provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, with respect to
the collection, verification, or disclosure of information under
this section, provided that such regulations are limited to what is
necessary to collect, verify, and disclose such information.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any other
provision of law.
(d) Enforcement by State Attorneys General.--
(1) In general.--If the attorney general of a State has reason
to believe that any online marketplace has violated or is violating
this section or a regulation promulgated under this section that
affects one or more residents of that State, the attorney general
of the State may bring a civil action in any appropriate district
court of the United States, to--
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such
regulation;
(C) obtain civil penalties in the amount provided for under
subsection (c);
(D) obtain other remedies permitted under State law; and
(E) obtain damages, restitution, or other compensation on
behalf of residents of the State.
(2) Notice.--The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the complaint
in the action, except in any case in which such prior notice is not
feasible, in which case the attorney general shall serve such
notice immediately upon instituting such action.
(3) Intervention by the commission.--Upon receiving notice
under paragraph (2), the Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters arising
therein; and
(C) to file petitions for appeal.
(4) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this section or a regulation promulgated under this
section, no State attorney general, or official or agency of a
State, may bring a separate action under paragraph (1) during the
pendency of that action against any defendant named in the
complaint of the Commission for any violation of this section or a
regulation promulgated under this section that is alleged in the
complaint. A State attorney general, or official or agency of a
State, may join a civil action for a violation of this section or
regulation promulgated under this section filed by the Commission.
(5) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this section shall be
construed to prevent the chief law enforcement officer, or official
or agency of a State, from exercising the powers conferred on such
chief law enforcement officer, or official or agency of a State, by
the laws of the State to conduct investigations, administer oaths
or affirmations, or compel the attendance of witnesses or the
production of documentary and other evidence.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by
attorneys general under paragraph (1), any other officer of a
State who is authorized by the State to do so, except for any
private person on behalf of the State attorney general, may
bring a civil action under paragraph (1), subject to the same
requirements and limitations that apply under this subsection
to civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the State
for a violation of any civil or criminal law of the State.
(e) Severability.--If any provision of this section, or the
application thereof to any person or circumstance, is held invalid, the
remainder of this section and the application of such provision to
other persons not similarly situated or to other circumstances shall
not be affected by the invalidation.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer product.--The term ``consumer product'' has the
meaning given such term in section 101 of the Magnuson-Moss
Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301)
and section 700.1 of title 16, Code of Federal Regulations.
(3) High-volume third party seller.--
(A) In general.--The term ``high-volume third party
seller'' means a participant on an online marketplace's
platform who is a third party seller and, in any continuous 12-
month period during the previous 24 months, has entered into
200 or more discrete sales or transactions of new or unused
consumer products and an aggregate total of $5,000 or more in
gross revenues.
(B) Clarification.--For purposes of calculating the number
of discrete sales or transactions or the aggregate gross
revenues under subparagraph (A), an online marketplace shall
only be required to count sales or transactions made through
the online marketplace and for which payment was processed by
the online marketplace, either directly or through its payment
processor.
(4) Online marketplace.--The term ``online marketplace'' means
any person or entity that operates a consumer-directed
electronically based or accessed platform that--
(A) includes features that allow for, facilitate, or enable
third party sellers to engage in the sale, purchase, payment,
storage, shipping, or delivery of a consumer product in the
United States;
(B) is used by one or more third party sellers for such
purposes; and
(C) has a contractual or similar relationship with
consumers governing their use of the platform to purchase
consumer products.
(5) Seller.--The term ``seller'' means a person who sells,
offers to sell, or contracts to sell a consumer product through an
online marketplace's platform.
(6) Third party seller.--
(A) In general.--The term ``third party seller'' means any
seller, independent of an online marketplace, who sells, offers
to sell, or contracts to sell a consumer product in the United
States through such online marketplace's platform.
(B) Exclusions.--The term ``third party seller'' does not
include, with respect to an online marketplace--
(i) a seller who operates the online marketplace's
platform; or
(ii) a business entity that has--
(I) made available to the general public the
entity's name, business address, and working contact
information;
(II) an ongoing contractual relationship with the
online marketplace to provide the online marketplace
with the manufacture, distribution, wholesaling, or
fulfillment of shipments of consumer products; and
(III) provided to the online marketplace
identifying information, as described in subsection
(a), that has been verified in accordance with that
subsection.
(7) Verify.--The term ``verify'' means to confirm information
provided to an online marketplace pursuant to this section, which
may include the use of one or more methods that enable the online
marketplace to reliably determine that any information and
documents provided are valid, corresponding to the seller or an
individual acting on the seller's behalf, not misappropriated, and
not falsified.
(g) Relationship to State Laws.--No State or political subdivision
of a State, or territory of the United States, may establish or
continue in effect any law, regulation, rule, requirement, or standard
that conflicts with the requirements of this section.
(h) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act.
TITLE IV--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION
SEC. 401. COVERED ENTITY DEFINED.
(a) In General.--Section 1403 of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8002) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), and (8) as
paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Covered entity.--The term `covered entity' means--
``(A) a State; or
``(B) an Indian Tribe.
``(5) Indian tribe.--The term `Indian Tribe' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).''.
(b) Technical Correction.--Paragraph (10) of section 1403 of the
Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is
amended by striking ``section 3(10) of the Consumer Product Safety Act
(15 U.S.C. 2052(10))'' and inserting ``section 3(a) of the Consumer
Product Safety Act (15 U.S.C. 2052(a))''.
SEC. 402. SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Section 1405 of the Virginia Graeme Baker Pool and
Spa Safety Act (15 U.S.C. 8004) is amended to read as follows:
``SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.
``(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall carry out a grant
program to provide assistance to eligible covered entities.
``(b) Eligibility.--To be eligible for a grant under the program, a
covered entity shall--
``(1) demonstrate to the satisfaction of the Commission that,
as of the date on which the covered entity submits an application
to the Commission for a grant under this section, the covered
entity has enacted and provides for the enforcement of a statute
that--
``(A) except as provided in section 1406(a)(1)(A)(i),
applies to all swimming pools constructed in the State or in
the jurisdiction of the Indian Tribe (as the case may be) on or
after such date; and
``(B) meets the minimum State law requirements of section
1406; and
``(2) submit an application to the Commission at such time, in
such form, and containing such additional information as the
Commission may require.
``(c) Amount of Grant.--The Commission shall determine the amount
of a grant awarded under this section, and shall consider--
``(1) the population of the covered entity;
``(2) the relative enforcement and implementation needs of the
covered entity; and
``(3) allocation of grant funds in a manner designed to provide
the maximum benefit from the program in terms of protecting
children from drowning or entrapment.
``(d) Use of Grant Funds.--A State or an Indian Tribe receiving a
grant under this section shall use--
``(1) at least 25 percent of amounts made available--
``(A) to hire and train personnel for implementation and
enforcement of standards under the swimming pool and spa safety
law of the State or Indian Tribe; and
``(B) to defray administrative costs associated with the
hiring and training programs under subparagraph (A); and
``(2) the remainder--
``(A) to educate pool owners, pool operators, and other
members of the public about the standards under the swimming
pool and spa safety law of the State or Indian Tribe and about
the prevention of drowning or entrapment of children using
swimming pools and spas; and
``(B) to defray administrative costs associated with the
education programs under subparagraph (A).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry
out this section.''.
(b) Conforming Amendments.--Section 1406 of the Virginia Graeme
Baker Pool and Spa Safety Act (15 U.S.C. 8005) is amended--
(1) in subsection (a)(2), by striking ``the eligibility of a
State'' each place it appears and inserting ``the eligibility of a
covered entity''; and
(2) by adding at the end the following:
``(e) State Defined.--In this section, the term `State' includes an
Indian Tribe.''.
SEC. 403. REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS PROGRAM.
Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act
(15 U.S.C. 8006) is amended to read as follows:
``SEC. 1407. EDUCATION AND AWARENESS PROGRAM.
``(a) In General.--The Commission shall establish and carry out an
education and awareness program to inform the public of methods to
prevent drowning and entrapment in swimming pools and spas. In carrying
out the program, the Commission shall develop--
``(1) educational materials designed for swimming pool and spa
manufacturers, service companies, and supply retail outlets,
including guidance on barrier and drain cover inspection,
maintenance, and replacement;
``(2) educational materials designed for swimming pool and spa
owners and operators, consumers, States, and Indian Tribes; and
``(3) a national media campaign to promote awareness of
swimming pool and spa safety.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2023 $2,500,000 to carry
out the education and awareness program authorized by subsection
(a).''.
TITLE V--RANSOMWARE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reporting Attacks from Nations
Selected for Oversight and Monitoring Web Attacks and Ransomware from
Enemies Act'' or the ``RANSOMWARE Act''.
SEC. 502. INCLUSION OF REPORT.
Section 2 of Public Law 116-173 is amended--
(1) in paragraph (3), by striking ``; and'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the first report required by the RANSOMWARE Act.''.
SEC. 503. REPORT ON RANSOMWARE AND OTHER CYBER-RELATED ATTACKS BY
CERTAIN FOREIGN INDIVIDUALS, COMPANIES, AND GOVERNMENTS.
(a) In General.--With the transmission of the report required by
section 2 of Public Law 116-173, and separately in 2025 and 2027, the
Federal Trade Commission shall transmit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report, which may include a
classified annex for information that is nonpublic or related to
Commission investigations or interagency deliberations, and that shall
include the following:
(1) The number and details of cross-border complaints received
by the Commission (including which such complaints were acted upon
and which such complaints were not acted upon) that relate to
incidents that were reported to the Commission as committed by
individuals, companies, or governments, including those described
in subsection (b), broken down by each type of individual, type of
company, or government described in a paragraph of such subsection.
(2) The number and details of cross-border complaints received
by the Commission (including which such complaints were acted upon
and which such complaints were not acted upon) that involve
ransomware or other cyber-related attacks that were reported to the
Commission as committed by individuals, companies, or governments,
including those described in subsection (b), broken down by each
type of individual, type of company, or government described in a
paragraph of such subsection.
(3) A description of trends in the number of cross-border
complaints received by the Commission and reported to the
Commission as incidents that were committed by individuals,
companies, or governments, including those described in subsection
(b), broken down by each type of individual, type of company, or
government described in a paragraph of such subsection.
(4) Identification and details of foreign agencies (including
foreign law enforcement agencies (as defined in section 4 of the
Federal Trade Commission Act (15 U.S.C. 44))) located in Russia,
China, North Korea, or Iran with which the Commission has
cooperated and the results of such cooperation, including any
foreign agency enforcement action or lack thereof.
(5) A description of Commission litigation, in relation to
cross-border complaints described in paragraphs (1) and (2),
brought in foreign courts and the results of such litigation.
(6) Any recommendations for legislation that may advance the
mission of the Commission in carrying out the U.S. SAFE WEB Act of
2006 and the amendments made by such Act.
(7) Any recommendations for legislation that may advance the
security of the United States and United States companies against
ransomware and other cyber-related attacks.
(8) Any recommendations for United States citizens and United
States businesses to implement best practices on mitigating
ransomware and other cyber-related attacks.
(b) Individuals, Companies, and Governments Described.--The
individuals, companies, and governments described in this subsection
are the following:
(1) An individual located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(2) A company located within Russia or with direct or indirect
ties to the Government of the Russian Federation.
(3) The Government of the Russian Federation.
(4) An individual located within China or with direct or
indirect ties to the Government of the People's Republic of China.
(5) A company located within China or with direct or indirect
ties to the Government of the People's Republic of China.
(6) The Government of the People's Republic of China.
(7) An individual located within North Korea or with direct or
indirect ties to the Government of the Democratic People's Republic
of Korea.
(8) A company located within North Korea or with direct or
indirect ties to the Government of the Democratic People's Republic
of Korea.
(9) The Government of the Democratic People's Republic of
Korea.
(10) An individual located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of Iran.
(11) A company located within Iran or with direct or indirect
ties to the Government of the Islamic Republic of Iran.
(12) The Government of the Islamic Republic of Iran.
TITLE VI--TRAVEL AND TOURISM
SEC. 600. DEFINED TERM.
In this title, the term ``COVID-19 public health emergency''--
(1) means the public health emergency first declared on January
31, 2020, by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d) with
respect to COVID-19; and
(2) includes any renewal of such declaration pursuant to such
section 319.
Subtitle A--Travel Promotion
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Visit America Act''.
SEC. 602. PURPOSES.
The purposes of this subtitle are--
(1) to support the travel and tourism industry, which produces
economic impacts that are vital to our national economy; and
(2) to establish national goals for international visitors to
the United States, including--
(A) recommendations for achieving such goals and timelines
for implementing such recommendations;
(B) coordination between Federal and State agencies;
(C) the resources needed by each Government agency to
achieve such goals; and
(D) the number of international visitors and the value of
national travel exports.
SEC. 603. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) setting a national goal for the number of international
visitors to the United States is vital for aligning Federal tourism
policy to support American jobs and economic growth;
(2) setting a national goal for travel exports is vital for
aligning Federal tourism policy to support American jobs, increase
travel exports, and improve our Nation's balance of trade;
(3) the travel industry is an essential part of the United
States services exports with respect to business, education,
medical, and leisure travel;
(4) the promotion of travel and visitation by the Corporation
for Travel Promotion (doing business as ``Brand USA'') is vital to
increasing visitation and articulating the visitation laws of the
United States; and
(5) there is an urgent need for a coordinated travel and
tourism industry response and strategy to respond to the current
state of such industry and future unforeseen circumstances that may
impact the travel and tourism industry.
SEC. 604. ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.
Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93
Stat. 1382; 5 U.S.C. App.) is amended--
(1) by striking ``There shall be in the Department two
additional Assistant Secretaries'' and inserting ``(1) There shall
be in the Department three additional Assistant Secretaries,
including the Assistant Secretary of Commerce for Travel and
Tourism,''; and
(2) by adding at the end the following:
``(2) The Assistant Secretary of Commerce for Travel and
Tourism shall report directly to the Under Secretary of Commerce
for International Trade.''.
SEC. 605. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE
FOR TRAVEL AND TOURISM.
(a) Visitation Goals.--The Assistant Secretary of Commerce for
Travel and Tourism (referred to in this section as the ``Assistant
Secretary'') shall--
(1) after consultation with the travel and tourism industry,
work with the Travel Promotion Committee and the United States
Travel and Tourism Advisory Board to establish an annual goal,
consistent with the goals of the travel and tourism strategy
developed pursuant to section 606(1), for--
(A) the number of international visitors to the United
States; and
(B) the value of travel and tourism commerce;
(2) develop recommendations for achieving the annual goals
established pursuant to paragraph (1);
(3) ensure that travel and tourism policy is developed in
consultation with--
(A) the Tourism Policy Council;
(B) the Secretary of State;
(C) the Secretary of Homeland Security;
(D) the Corporation for Travel Promotion;
(E) the United States Travel and Tourism Advisory Board;
and
(F) travel and tourism industry representatives, including
public and private destination marketing organizations, travel
and tourism suppliers, gig economy representatives, and labor
representatives from these industries;
(4) establish short, medium, and long-term timelines for
implementing the recommendations developed pursuant to paragraph
(2);
(5) conduct Federal agency needs assessments, in consultation
with the Office of Management and Budget and other relevant Federal
agencies, to identify the resources, statutory or regulatory
changes, and private sector engagement needed to achieve the annual
visitation goals; and
(6) provide assessments and recommendations to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the public through a publicly accessible website.
(b) Domestic Travel and Tourism.--The Assistant Secretary, to the
extent feasible, shall--
(1) evaluate, on an ongoing basis, domestic policy options for
supporting competitiveness with respect to the strengths,
weaknesses, and growth of the domestic travel industry;
(2) develop recommendations and goals to support and enhance
domestic tourism, separated by business and leisure; and
(3) engage public and private stakeholders to support domestic
tourism.
(c) Workforce.--The Assistant Secretary shall--
(1) consult with the Secretary of Labor to develop strategies
and best practices for improving the timeliness and reliability of
travel and tourism workforce data;
(2) work with the Secretary of Labor and the Bureau of Economic
Analysis to improve travel and tourism industry data;
(3) provide recommendations for policy enhancements and
efficiencies; and
(4) provide policy recommendations regarding the gig economy as
it relates to travel and tourism.
(d) Facilitation of International Business Travel.--The Assistant
Secretary, in coordination with relevant Federal agencies, shall strive
to increase and facilitate international business travel to the United
States and ensure competitiveness by--
(1) facilitating large meetings, incentives, conferences, and
exhibitions in the United States;
(2) emphasizing rural and other destinations in the United
States that are rich in cultural heritage or ecological tourism,
among other uniquely American destinations, as locations for
hosting international meetings, incentives, conferences, and
exhibitions; and
(3) facilitating sports and recreation events and activities in
the United States.
(e) Recovery Strategies.--
(1) In general.--Not later than 1 year after amounts are
appropriated to the Department of Commerce to accomplish the
purposes of this section, the Assistant Secretary, in consultation
with the entities referred to in subsection (a)(3), shall develop
recovery strategies for the travel and tourism industry in response
to the economic impacts of the COVID-19 pandemic and in
anticipation of other unpredictable catastrophic events that would
significantly affect the travel and tourism industry, such as
hurricanes, floods, tsunamis, tornadoes, wildfires, terrorist
attacks, and pandemics.
(2) Cost-benefit analysis.--In developing the recovery
strategies under paragraph (1), the Assistant Secretary shall
conduct cost-benefit analyses that take into account the health and
economic effects of public health mitigation measures on the travel
and tourism industry.
(f) Reporting Requirements.--
(1) Assistant secretary.--The Assistant Secretary, subject to
the availability of appropriations, shall produce an annual
forecasting report on the travel and tourism industry, which shall
include current and anticipated--
(A) domestic employment needs;
(B) international inbound volume and spending, taking into
account the lasting effects of the COVID-19 public health
emergency and the impact of the recovery strategy implemented
pursuant to subsection (e)(1); and
(C) domestic volume and spending, including Federal and
State public land travel and tourism data.
(2) Bureau of economic analysis.--The Director of the Bureau of
Economic Analysis, subject to the availability of appropriations
and to the extent feasible, should make quarterly updates to the
Travel and Tourism Satellite Accounts, including--
(A) State-level travel and tourism spending data;
(B) travel and tourism workforce data for full-time and
part-time employment; and
(C) Federal and State public lands outdoor recreational
activity and tourism spending data.
(3) National travel and tourism office.--The Director of the
National Travel and Tourism Office--
(A) in partnership with the Bureau of Economic Analysis and
other relevant Federal agencies, shall provide a monthly report
on international arrival and spending data to--
(i) the Travel and Tourism Advisory Board; and
(ii) the public through a publicly accessible website;
and
(B) shall include questions in the Survey of International
Air Travelers regarding wait-times, visits to public lands, and
State data, to the extent applicable.
SEC. 606. TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Secretary of
Commerce, in consultation with the United States Travel and Tourism
Advisory Board, the Tourism Policy Council, the Secretary of State, and
the Secretary of Homeland Security, shall develop and submit to
Congress a 10-year travel and tourism strategy, which shall include--
(1) the establishment of goals with respect to the number of
annual international visitors to the United States and the annual
amount of travel and tourism commerce in the United States during
such 10-year period;
(2) the resources needed to achieve the goals established
pursuant to paragraph (1); and
(3) recommendations for statutory or regulatory changes that
would be necessary to achieve such goals.
SEC. 607. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
Section 3 of the Act entitled ``An Act to encourage travel in the
United States, and for other purposes'' (15 U.S.C. 1546) is amended to
read as follows:
``SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
``(a) In General.--There is established the United States Travel
and Tourism Advisory Board (referred to in this section as the
`Board'), the members of which shall be appointed by the Secretary of
Commerce for 2-year terms from companies and organizations in the
travel and tourism industry.
``(b) Executive Director.--The Assistant Secretary of Commerce for
Travel and Tourism shall serve as the Executive Director of the Board.
``(c) Executive Secretariat.--The National Travel and Tourism
Office of the International Trade Administration shall serve as the
Executive Secretariat for the Board.
``(d) Functions.--The Board's Charter shall specify that the Board
will--
``(1) serve as the advisory body to the Secretary of Commerce
on matters relating to the travel and tourism industry in the
United States;
``(2) advise the Secretary of Commerce on government policies
and programs that affect the United States travel and tourism
industry;
``(3) offer counsel on current and emerging issues;
``(4) provide a forum for discussing and proposing solutions to
problems related to the travel and tourism industry; and
``(5) provide advice regarding the domestic travel and tourism
industry as an economic engine.
``(e) Recovery Strategies.--The Board shall assist the Assistant
Secretary of Commerce for Travel and Tourism in the development and
implementation of the recovery strategies required under section
605(e)(1) of the Visit America Act.''.
SEC. 608. DATA ON DOMESTIC TRAVEL AND TOURISM.
The Assistant Secretary of Commerce for Travel and Tourism, subject
to the availability of appropriations, shall collect and make public
aggregate data on domestic travel and tourism trends.
SEC. 609. COMPLETION OF PROCEEDING.
If the Secretary of Commerce, before the date of the enactment of
this Act, has taken any action that, in whole or in part, implements
this title or the amendments made by this title, the Secretary is not
required to revisit such action to the extent such action is consistent
with this title and the amendments made by this title.
Subtitle B--Travel Safety
SEC. 611. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON
TRAVEL AND TOURISM INDUSTRY IN UNITED STATES.
(a) Definitions.--In this section:
(1) Pandemic period.--The term ``pandemic period'' has the
meaning given the term ``emergency period'' in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), excluding any portion of such period after the date
that is 1 year after the date of the enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(3) Travel and tourism industry.--The term ``travel and tourism
industry'' means the travel and tourism industry in the United
States.
(b) Interim Study and Report.--
(1) In general.--Not later than 3 months after the date of the
enactment of this Act, the Secretary, after consultation with
relevant stakeholders, including the United States Travel and
Tourism Advisory Board, shall--
(A) complete an interim study, which shall be based on data
available at the time the study is conducted and provide a
framework for the study required under subsection (c),
regarding the effects of the COVID-19 pandemic on the travel
and tourism industry, including various segments of the travel
and tourism industry, such as domestic, international, leisure,
business, conventions, meetings, and events; and
(B) submit a report containing the results of such interim
study to--
(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
(ii) the Committee on Energy and Commerce of the House
of Representatives.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of the
Department of Commerce.
(c) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the United
States Travel and Tourism Advisory Board and the head of any other
Federal agency the Secretary considers appropriate, shall complete a
study on the effects of the COVID-19 pandemic on the travel and tourism
industry, including various segments of the travel and tourism
industry, such as domestic, international, leisure, business,
conventions, meetings, and events.
(d) Matters for Consideration.--In conducting the interim study
required under subsection (b) and the study required under subsection
(c), the Secretary shall consider--
(1) changes in employment rates in the travel and tourism
industry during the pandemic period;
(2) changes in revenues of businesses in the travel and tourism
industry during the pandemic period;
(3) changes in employment and sales in industries related to
the travel and tourism industry, and changes in contributions of
the travel and tourism industry to such related industries, during
the pandemic period;
(4) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry and
such related industries on the overall economy of the United
States, including--
(A) an analysis of regional economies (on a per capita
basis) during the pandemic period; and
(B) the projected effects of such changes on the regional
and overall economy of the United States following the pandemic
period;
(5) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry and
such related industries on minority communities, including Native
Americans, Native Hawaiians, and Alaska Natives;
(6) reports on the economic impact of COVID-19 issued by other
Federal agencies;
(7) the costs and health benefits associated with COVID-19
requirements for air travel for entry into or exit from the United
States and any consequent disincentives for tourism;
(8) any Federal barriers related to the response to the COVID-
19 pandemic that are disincentivizing international tourism in the
United States, including the source and policy rationale for these
barriers; and
(9) any additional matters that the Secretary considers
appropriate.
(e) Consultation and Public Comment.--In conducting the study
required under subsection (c), the Secretary shall--
(1) consult with representatives of--
(A) the small business sector;
(B) the restaurant or food service sector;
(C) the hotel and alternative accommodations sector;
(D) the attractions or recreation sector;
(E) the outdoor recreation sector;
(F) the travel distribution services sector;
(G) destination marketing organizations;
(H) State tourism offices;
(I) the passenger air, railroad, bus, and rental car
sectors; and
(J) labor representatives for--
(i) the sectors referred to in subparagraph (I); and
(ii) security screening personnel designated by the
Administrator of the Transportation Security
Administration; and
(2) provide an opportunity for public comment and advice
relevant to conducting such study.
(f) Report to Congress.--
(1) In general.--Not later than 6 months after the completion
of the study required under subsection (c), the Secretary, in
consultation with the United States Travel and Tourism Advisory
Board and the Tourism Policy Council, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives that contains--
(A) the results of such study;
(B) policy recommendations for--
(i) promoting and assisting the travel and tourism
industry generally; and
(ii) promoting and assisting travel and tourism to
Native American, Native Hawaiian, and Alaska Native
communities, by fully implementing the Native American
Tourism and Improving Visitor Experience Act (Public Law
114-221); and
(C) a description of the actions that should be taken by
the Federal Government to accelerate the implementation of
travel and tourism policies and programs authorized by law.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website of the
Department of Commerce.
DIVISION CC--WATER RELATED MATTERS
SEC. 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''.
SEC. 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''.
SEC. 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)''.
SEC. 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.
SEC. 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''.
DIVISION DD--PUBLIC LAND MANAGEMENT
SEC. 1. DEFINITION OF SECRETARY.
In this division, the term ``Secretary'' means the Secretary of the
Interior.
TITLE I--DEPARTMENT OF THE INTERIOR PROVISIONS
SEC. 101. PILOT PROGRAM FOR NATIVE PLANT SPECIES.
(a) Definitions.--In this section:
(1) Invasive species.--The term ``invasive species'' means,
with respect to a particular ecosystem, a nonnative organism, the
introduction of which causes or is likely to cause economic or
environmental harm or harm to human, animal, or plant health.
(2) Locally adapted.--The term ``locally adapted'' means, with
respect to plants, plants that--
(A) originate from an area that is geographically proximate
to a planting area; and
(B) are environmentally adapted to and likely to become
established and persist in that planting area.
(3) Native plant species.--The term ``native plant species''
means, with respect to a particular ecosystem, a species that,
other than as a result of an introduction, historically occurred or
currently occurs in that ecosystem.
(4) Nonnative.--The term ``nonnative'' means, with respect to a
particular ecosystem, an organism, including the seeds, eggs,
spores, or other biological material of the organism capable of
propagating that species, that occurs outside of the natural range
of the organism.
(5) Plant material.--The term ``plant material'' means a plant
or the seeds, eggs, spores, or other biological material of a plant
capable of propagating the species of the plant.
(b) Establishment.--Not later than 180 days after the date on which
funds are made available to carry out this section, the Secretary
shall, in accordance with any existing laws and management policies,
carry out a pilot program to prioritize the use of native plant species
within geographically diverse units of the National Park System and
public land administered by the Bureau of Land Management.
(c) Implementation.--In carrying out the pilot program under
subsection (b), the Secretary shall, to the extent practicable--
(1) give preference to the use of locally adapted native plant
materials where appropriate;
(2) incorporate efforts to prevent, control, or eradicate the
spread of invasive species;
(3) incorporate efforts to use native plants in areas that have
experienced a recent wildfire event; and
(4) identify situations in which the use of non-native plants
may be warranted.
(d) Coordination.--The Secretary shall, in carrying out the pilot
program under subsection (b), coordinate activities with--
(1) the National Seed Strategy of the Bureau of Land
Management;
(2) the Plant Conservation Alliance; and
(3) the Plant Materials Centers of the Natural Resources
Conservation Service.
(e) Termination of Authority.--The authority to carry out the pilot
program under subsection (b) terminates on the date that is 5 years
after the date on which the pilot program is established under that
subsection.
(f) Report.--Not later than 1 year after the date on which the
authority to carry out the pilot program terminates under subsection
(e), the Secretary shall submit to Congress a report describing--
(1) the results of the pilot program carried out under
subsection (b); and
(2) the cost-effectiveness of using native plants in units of
the National Park System and public land administered by the Bureau
of Land Management.
SEC. 102. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.
The Highlands Conservation Act (Public Law 108-421; 118 Stat. 2375)
is amended--
(1) in section 3--
(A) by amending paragraph (1) to read as follows:
``(1) Highlands region.--The term `Highlands region' means--
``(A) the area depicted on the map entitled `The Highlands
Region', dated June 2004, updated after the date of enactment
of this subparagraph to comprise each municipality included on
the list of municipalities included in the Highlands region as
of that date of enactment, and maintained in the headquarters
of the Forest Service in Washington, District of Columbia; and
``(B) a municipality approved by the Director of the United
States Fish and Wildlife Service under section 4(e).'';
(B) in paragraph (3), by amending subparagraph (B) to read
as follows:
``(B) identified by a Highlands State as having high
conservation value using the best available science and
geographic information systems; and'';
(C) in paragraph (4)(A), by striking ``; or'' and inserting
``, including a political subdivision thereof; or''; and
(D) by striking paragraphs (5) through (7);
(2) in section 4--
(A) in subsection (a)(1), by striking ``in the Study'' and
all that follows through the end of the paragraph and inserting
``using the best available science and geographic information
systems; and'';
(B) in subsection (c), by amending paragraph (5) to read as
follows:
``(5) provides that land conservation partnership projects will
be consistent with areas identified as having high conservation
value in accordance with the purposes described in section 2 in the
Highlands region.'';
(C) in subsection (e), by striking ``fiscal years 2005
through 2021'' and inserting ``fiscal years 2023 through
2029'';
(D) by redesignating subsection (e) as subsection (g); and
(E) by inserting after subsection (d) the following:
``(e) Request for Inclusion of Additional Municipality.--The
Director of the United States Fish and Wildlife Service may, at the
request of a Highlands State, with the concurrence of the municipality,
approve the inclusion of a municipality within the State as part of the
Highlands region.
``(f) Limitation on Administrative Expenses.--
``(1) Federal administration.--The Secretary of the Interior
may not expend more than $300,000 for the administration of this
Act in each fiscal year.
``(2) State administration.--A State that receives funds under
this section for a land conservation partnership project may not
use more than 5 percent of the funds to administer the land
conservation partnership project.'';
(3) in section 5--
(A) in subsection (a), by striking ``the Study, Update, and
any future study that the Forest Service may undertake in'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``, including a
Pennsylvania and Connecticut Update''; and
(ii) in paragraph (2), by striking ``the findings'' and
all that follows through the end of the paragraph and
inserting ``with stakeholders regarding implementation of
the program; and''; and
(C) in subsection (c), by striking ``2005 through 2014''
and inserting ``2023 through 2029''; and
(4) in section 6, by adding at the end the following:
``(f) Appraisal Methodology.--
``(1) In general.--With respect to an appraisal related to a
land acquisition carried out under this Act, a Highlands State
shall use an appraisal methodology approved by the Secretary of the
Interior.
``(2) Alternative appraisal methodology.--A Highlands State may
petition the Secretary of the Interior to consider an alternative
appraisal methodology when there is a conflict, in any Highlands
State, between--
``(A) an appraisal methodology approved by the Secretary of
the Interior under paragraph (1); and
``(B) applicable State law.''.
SEC. 103. CADASTRE OF FEDERAL REAL PROPERTY.
(a) Definitions.--In this section:
(1) Cadastre.--
(A) In general.--The term ``cadastre'' means an inventory
of real property developed through collecting, storing,
retrieving, or disseminating graphical or digital data
depicting natural or man-made physical features, phenomena, or
boundaries of the earth, and any information related to the
data, including--
(i) surveys;
(ii) maps;
(iii) charts;
(iv) satellite and airborne remote sensing data;
(v) images; and
(vi) services of an architectural or engineering nature
performed by 1 or more professionals, as authorized to
perform the services under State law, if applicable, such
as--
(I) a surveyor;
(II) a photogrammetrist;
(III) a hydrographer;
(IV) a geodesist; or
(V) a cartographer.
(B) Inclusions.--The term ``cadastre'' includes--
(i) a reference frame consisting of a current geodetic
network that is consistent with, and not duplicative of,
the National Geodic Survey of the National Oceanic and
Atmospheric Administration;
(ii) a series of current and accurate large-scale maps;
(iii) an existing cadastral boundary overlay
delineating all cadastral parcels;
(iv) a system for indexing and identifying each
cadastral parcel; and
(v) a series of land data files, each including the
parcel identifier, which can be used to retrieve
information and cross-reference between and among other
existing data files that may contain information about the
use, assets, and infrastructure of each parcel.
(2) Federal real property.--
(A) In general.--The term ``Federal real property'' means
any real property owned, leased, or otherwise managed by the
Secretary concerned.
(B) Exclusions.--The term ``Federal real property'' does
not include--
(i) real property held in trust by the Federal
Government for the benefit of 1 or more Indian Tribes or
individual Indians; or
(ii) restricted land owned by an Indian Tribe or
individual Indians.
(3) Real property.--The term ``real property'' means real
estate consisting of--
(A) land;
(B) buildings, crops, forests, or other resources still
attached to or within the land;
(C) improvements or fixtures permanently attached to the
land;
(D) any structure on the land; or
(E) any interest, benefit, right, or privilege in the
property described in subparagraphs (A) through (D).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary; or
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(b) Cadastre of Federal Real Property.--
(1) Interagency data standardization.--Not later than 18 months
after the date of enactment of this Act, the Secretaries concerned
shall jointly develop and adopt interagency standards to ensure
compatibility and interoperability among applicable Federal
databases with respect to the collection and dissemination of data
relating to Federal real property.
(2) Development of cadastre.--Not later than 2 years after the
date of enactment of this Act, the Secretaries concerned, subject
to the availability of appropriations, shall develop (and
thereafter maintain) a current and accurate multipurpose cadastre
of Federal real property under the jurisdiction of the Secretaries
concerned to support Federal land management activities on Federal
real property, including--
(A) resource development and conservation;
(B) agricultural use;
(C) active forest management;
(D) environmental protection; and
(E) other use of the real property.
(3) Consolidation and report.--Not later than 180 days after
the date of enactment of this Act, the Secretaries concerned shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report describing--
(A) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned,
including--
(i) the statutory authorization for each existing real
property inventory or component of a cadastre; and
(ii) the amount expended by the Federal Government for
each existing real property inventory or component of a
cadastre in fiscal year 2022;
(B) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned that
will be eliminated or consolidated into the multipurpose
cadastre under paragraph (2);
(C)(i) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned that
will not be eliminated or consolidated into the multipurpose
cadastre under paragraph (2); and
(ii) a justification for not eliminating or consolidating
an existing real property inventory or component of a cadastre
described in clause (i) into the multipurpose cadastre under
paragraph (2);
(D) the use of existing real property inventories or any
components of any cadastre currently maintained by any unit of
State or local government that can be used to identify Federal
real property within that unit of government;
(E) the cost savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of any cadastre of Federal real
property currently authorized by law or maintained by the
Secretary concerned that will become part of the multipurpose
cadastre under paragraph (2);
(F) a plan for the implementation of this section,
including a cost estimate and an assessment of the feasibility
of using revenue from any transactional activity authorized by
law to offset any costs of implementing this section; and
(G) recommendations for any legislation necessary to
increase the cost savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating Federal
real property inventories or any components of any cadastre of
Federal real property currently authorized by law or maintained
by the Secretary concerned.
(4) Coordination.--
(A) In general.--In carrying out this section, the
Secretaries concerned shall--
(i) participate (in accordance with section 216 of the
E-Government Act of 2002 (44 U.S.C. 3501 note; Public Law
107-347) and section 757 of the Geospatial Data Act of 2018
(43 U.S.C. 2806)) in the establishment of such standards
and common protocols as are necessary to ensure the
interoperability of geospatial information pertaining to
the cadastre under paragraph (2) for all users of the
information;
(ii) coordinate with, seek assistance and cooperation
of, and provide liaison to the Federal Geographic Data
Committee established by section 753(a) of the Geospatial
Data Act of 2018 (43 U.S.C. 2802(a)) for the implementation
of and compliance with such standards and requirements of
that Act as may be applicable to--
(I) the cadastre under paragraph (2); and
(II) any aspect of the development of the cadastre
under paragraph (2);
(iii) integrate, or make the cadastre interoperable
with, the Federal Real Property Profile or other
inventories established pursuant to Executive Order 13327
(40 U.S.C. 121 note; relating to Federal real property
asset management), the Federal Assets Sale and Transfer Act
of 2016 (40 U.S.C. 1303 note; Public Law 114-287), or the
Federal Property Management Reform Act of 2016 (Public Law
114-318; 130 Stat. 1608); and
(iv) to the maximum extent practicable, integrate with
and leverage current cadastre activities of units of State
and local government.
(B) Contracts considered surveying and mapping.--
(i) In general.--A contract between the Secretaries
concerned and a member of the private sector to provide
products and services for the development of the cadastre
shall be considered to be a contract for services of
surveying and mapping (within the meaning of chapter 11 of
title 40, United States Code).
(ii) Selection procedures.--A contract described in
clause (i) shall be entered into in accordance with the
selection procedures in chapter 11 of title 40, United
States Code.
(c) Transparency and Public Access.--The Secretary concerned
shall--
(1) in accordance with any requirements applicable to the
Secretary concerned under section 759 of the Geospatial Data Act of
2018 (43 U.S.C. 2808), make the cadastre under subsection (b)(2)
publicly available on the internet--
(A) in a graphically geo-enabled and searchable format; and
(B) in a manner that is consistent with, and meets any
requirements for integration with, the GeoPlatform established
under section 758(a) of that Act (43 U.S.C. 2807(a));
(2) ensure that the inventory referred to in subsection (b)
includes the identification of all land suitable for disposal and
the appraised value of the land, if an appraisal has been
conducted, in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, any buildings or facilities on the land,
or any information related to the land, buildings, or facilities if
that disclosure would impair or jeopardize the national security or
homeland defense of the United States.
(d) Applicable Law.--Any data that is part of the cadastre
developed under subsection (b)(2) shall be--
(1) considered to be geospatial data for purposes of the
Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
(2) subject to the requirements of that Act.
(e) Effect.--Nothing in this section--
(1) creates any substantive or procedural right or benefit; or
(2) requires or authorizes--
(A) any new surveying or mapping of Federal real property;
(B) the evaluation of any parcel of land or other real
property for potential management by a non-Federal entity;
(C) the disposal of any Federal real property; or
(D) any new appraisal or assessment of--
(i) the value of any parcel of Federal land or other
real property; or
(ii) the cultural and archaeological resources on any
parcel of Federal land or other real property.
SEC. 104. SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED INDIAN
TRIBES UNDER THE RECREATION AND PUBLIC PURPOSES ACT.
(a) Application; Acreage Limitations.--The first section of the Act
of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263;
43 U.S.C. 869), is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by inserting ``federally recognized Indian Tribe,''
before ``Territory,''; and
(ii) by inserting ``Tribal,'' before ``Territorial,'';
and
(B) in the second sentence, by inserting ``, Tribal,''
before ``or local authority'';
(2) in subsection (b)--
(A) by striking ``(i) For recreational'' and inserting the
following:
``(1) For recreational'';
(B) by striking ``(ii) For public purposes'' and inserting
the following:
``(2) For public purposes'';
(C) in paragraph (1) (as so designated), by adding at the
end the following:
``(D) To any federally recognized Indian Tribe, 6,400
acres.''; and
(D) in paragraph (2) (as so designated), by adding at the
end the following:
``(D) To any federally recognized Indian Tribe, 640
acres.''; and
(3) in subsection (c)--
(A) in the second sentence, by striking ``States and
counties and to State and Federal'' and inserting ``States,
federally recognized Indian Tribes, and counties and to State,
Tribal, Territorial, and Federal''; and
(B) in the last sentence, by striking ``, except for a use
authorized under the Act of June 1, 1938 (52 Stat. 609; 43
U.S.C., sec. 682a), as amended''.
(b) Conveyance.--Section 2 of the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (44 Stat. 741,
chapter 578; 43 U.S.C. 869-1), is amended--
(1) by inserting ``, federally recognized Indian Tribe'' before
``, Territory'' each place it appears;
(2) by inserting ``Tribal,'' before ``Territorial,'' each place
it appears; and
(3) by inserting ``federally recognized Indian Tribe or''
before ``municipal corporation'' each place it appears.
TITLE II--FOREST SERVICE PROVISIONS
SEC. 201. ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL
RECREATION AREA.
(a) Definitions.--Section 502 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll) is amended--
(1) by redesignating paragraphs (11) through (15) as paragraphs
(12) through (16), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Qualified resident or relative.--The term `qualified
resident or relative' means--
``(A) a former resident of the area within the Recreation
Area or the spouse of a former resident of that area; or
``(B) a widow, widower, or lineal descendant of an
individual buried in a cemetery located in the Recreation
Area.''.
(b) Establishment.--Section 511(b) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by striking
paragraph (3) and inserting the following:
``(3) Status of unit.--The Secretary shall administer the
Recreation Area as a separate unit of the National Forest
System.''.
(c) Advisory Board.--Section 522 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``17'' and inserting ``13'';
(B) by striking paragraphs (4) and (5);
(C) in paragraph (3), by adding ``and'' after the semicolon
at the end; and
(D) by redesignating paragraph (6) as paragraph (4);
(2) in subsection (c), by striking paragraph (2) and inserting
the following:
``(2) Nonconsecutive terms.--Members of the Advisory Board may
serve multiple terms, but may not serve consecutive terms.'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``may advise'' and inserting ``shall advise'';
(B) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) an annual work plan for recreation and environment
education areas in the Recreation Area, including the heritage
program, with the nonappropriated amounts in the Land Between the
Lakes Management Fund;
``(4) an annual forest management and harvest plan for the
Recreation Area; and
``(5) the Land Between the Lakes Management Fund.''; and
(4) in subsection (g)--
(A) in paragraph (1), by striking ``biannually'' and
inserting ``twice each year'';
(B) in paragraph (3), by inserting ``, on a public website
of the Department of Agriculture,'' before ``and by''; and
(C) by adding at the end the following:
``(4) Minutes.--The Secretary shall publish the minutes of each
meeting of the Advisory Board on a public website of the Department
of Agriculture.''.
(d) Fees.--Section 523(a) of the Land Between the Lakes Protection
Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by striking ``may
charge reasonable fees'' and inserting ``shall charge reasonable fees,
in consultation with the Advisory Board and consistent with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''.
(e) Disposition of Receipts.--Section 524 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-24) is amended by
striking subsection (b) and inserting the following:
``(b) Use.--Amounts in the Land Between the Lakes Management Fund
shall be available to the Secretary until expended, without further
appropriation, for construction, improvement, or maintenance in the
Recreation Area.
``(c) Restriction on Use of Fund.--Except as provided in subsection
(b), amounts in the Land Between the Lakes Management Fund shall not be
used for management of the Recreation Area, including salaries and
expenses.''.
(f) Cooperative Authorities and Gifts.--Section 526 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-26) is
amended by adding at the end the following:
``(c) Memoranda of Understanding.--The Secretary may, for purposes
of carrying out this Act--
``(1) enter into memoranda of understanding with State or local
government entities, including law enforcement, as appropriate, to
clarify jurisdictional matters, such as road management, policing,
and other functions that are typically performed by the entity on
non-Federal land; and
``(2) make available on a public website of the Department of
Agriculture any memoranda of understanding entered into under
paragraph (1).''.
(g) Cemeteries.--Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Land for Plots for Qualified Residents or Relatives.--
``(1) Requests.--The Secretary, on request from a qualified
resident or relative or a cemetery association, shall grant
additional land for the minor expansion of existing cemeteries
within the Recreation Area, to the extent necessary, to allow for
the burial of qualified residents or relatives.
``(2) Expenses.--Any expenses required to move border fences or
markers due to an expansion under paragraph (1) shall be the
responsibility of the person making the request under that
paragraph.''.
(h) Resource Management.--Section 529 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-29) is amended by adding at
the end the following:
``(c) Historical Resources.--
``(1) In general.--The Secretary shall identify and manage the
historical resources of the Recreation Area--
``(A) in accordance with the requirements of division A of
subtitle III of title 54, United States Code (formerly known as
the `National Historic Preservation Act'); and
``(B) in consultation with qualified residents or
relatives.
``(2) Consideration.--The Secretary shall--
``(A) in accordance with applicable law, give consideration
to requests by qualified residents or relatives to use and
maintain traditional sites, buildings, cemeteries, and other
areas of cultural importance in the Recreation Area; and
``(B) consult with qualified residents or relatives in the
management of the historical resources of the Recreation
Area.''.
(i) Authorization of Appropriations.--Section 551 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is
amended--
(1) in subsection (a)(2), by striking ``Recreation Area area''
and inserting ``Recreation Area''; and
(2) by striking subsection (c) and inserting the following:
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture may expend amounts appropriated to carry
out this title in a manner consistent with the authorities
exercised by the Tennessee Valley Authority before the transfer of
the Recreation Area to the administrative jurisdiction of the
Secretary of Agriculture, including campground management and
visitor services, paid advertisement, and procurement of food and
supplies for resale purposes.
``(2) Exception.--The Secretary of Agriculture shall not use
amounts appropriated to carry out this title for an activity
described in section 524(b).''.
SEC. 202. HAWAII NATIONAL FOREST STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(2) Study area.--The term ``study area'' means the islands of
Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the State of
Hawaii.
(b) Study.--
(1) In general.--The Secretary shall conduct a study--
(A) to determine the suitability and feasibility of
establishing a unit of the National Forest System in the study
area; and
(B) to identify available land within the study area that
could be included in the unit described in subparagraph (A).
(2) Coordination and consultation.--In conducting the study
under paragraph (1), the Secretary shall--
(A) coordinate with the Hawaii Department of Land and
Natural Resources; and
(B) consult with the Hawaii Department of Agriculture and
other interested governmental entities, private and nonprofit
organizations, and any interested individuals.
(3) Contents.--In conducting the study under paragraph (1), the
Secretary shall--
(A) consider unique vegetation types that occur in the
study area and that should be targeted for inclusion in the
unit of the National Forest System described in paragraph
(1)(A);
(B) evaluate the ability of the Secretary--
(i) to improve and protect forest areas within the
study area; and
(ii) to secure favorable water flows within the study
area;
(C) determine whether the unit of the National Forest
System described in paragraph (1)(A) would expand, enhance, or
duplicate--
(i) resource protection; and
(ii) visitor-use opportunities;
(D) consider parcels of an appropriate size or location to
be capable of economical administration as part of the National
Forest System separately or jointly with the other land
identified under paragraph (1)(B);
(E) evaluate the willingness of landowners to sell or
transfer land in the study area to the Secretary;
(F) evaluate the suitability of land in the study area for
potential selection and designation as a research natural area
or an experimental forest;
(G) identify cost estimates for any Federal acquisition,
development, operation, and maintenance that would be needed to
establish the unit of the National Forest System described in
paragraph (1)(A); and
(H) consider other alternatives for the conservation,
protection, and use of areas within the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations.
(c) Effect.--Nothing in this section authorizes the Secretary to
take any action that would affect the use of any land owned by the
United States or not owned by the United States.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
TITLE III--LAND CONVEYANCES AND EXCHANGES
SEC. 301. GILT EDGE MINE CONVEYANCE.
(a) Definitions.--In this section
(1) Federal land.--The term ``Federal land'' means all right,
title, and interest of the United States in and to approximately
266 acres of National Forest System land within the Gilt Edge Mine
Superfund Boundary, as generally depicted on the map.
(2) Map.--The term ``map'' means the map entitled ``Gilt Edge
Mine Conveyance Act'' and dated August 20, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(4) State.--The term ``State'' means State of South Dakota.
(b) Land Conveyance.--
(1) In general.--Subject to the terms and conditions described
in this section, if the State submits to the Secretary an offer to
acquire the Federal land for the market value, as determined by the
appraisal under paragraph (3), the Secretary shall convey the
Federal land to the State.
(2) Terms and conditions.--The conveyance under paragraph (1)
shall be--
(A) subject to valid existing rights;
(B) made by quitclaim deed; and
(C) subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(3) Appraisal.--
(A) In general.--After the State submits an offer under
paragraph (1), the Secretary shall complete an appraisal to
determine the market value of the Federal land.
(B) Standards.--The appraisal under subparagraph (A) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(4) Map.--
(A) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of
the Forest Service.
(B) Correction of errors.--The Secretary may correct any
errors in the map.
(5) Consideration.--As consideration for the conveyance under
paragraph (1), the State shall pay to the Secretary an amount equal
to the market value of the Federal land, as determined by the
appraisal under paragraph (3).
(6) Survey.--The State shall prepare a survey that is
satisfactory to the Secretary of the exact acreage and legal
description of the Federal land to be conveyed under paragraph (1).
(7) Costs of conveyance.--As a condition on the conveyance
under paragraph (1), the State shall pay all costs associated with
the conveyance, including the cost of--
(A) the appraisal under paragraph (3); and
(B) the survey under paragraph (6).
(8) Proceeds from the sale of land.--Any proceeds received by
the Secretary from the conveyance under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for the maintenance and improvement of land or
administration facilities in the Black Hills National Forest in the
State.
(9) Environmental conditions.--Notwithstanding section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)),
the Secretary shall not be required to provide any covenant or
warranty for the Federal land conveyed to the State under this
section.
SEC. 302. CONVEYANCES TO THE UNIVERSITY OF ALASKA.
(a) Definitions.--In this section:
(1) Available state-selected land.--The term ``available State-
selected land'' means Federal land in the State that has been
selected by the State pursuant to section 6(b) of Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C. note
prec. 21), including land upon which the State has, prior to
December 31, 1993, filed a future selection application under
section 906(e) of the Alaska National Interest Lands Conservation
Act (43 U.S.C. 1635(e)), but not conveyed or patented to the State,
pursuant to Public Law 85-508 (commonly known as the ``Alaska
Statehood Act'') (48 U.S.C. note prec. 21).
(2) Inholding.--The term ``inholding'' means any interest in
land owned by the University within--
(A) any conservation system unit (as defined in section 102
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3102)); or
(B) any unit of the National Forest System in the State.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the Bureau of Land Management.
(4) State.--The term ``State'' means the State of Alaska.
(5) University.--The term ``University'' means the University
of Alaska, acting through the Board of Regents.
(b) Establishment.--The Secretary shall establish a program within
the Bureau of Land Management--
(1) to identify and convey available State-selected land to the
University to support higher education in the State; and
(2) to acquire, by purchase or exchange, University-owned
inholdings in the State.
(c) Identification of Land to Be Conveyed to the University.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the State and the University may jointly
identify not more than 500,000 acres of available State-selected
land for inclusion in the program established under subsection (b),
of which not more than 360,000 acres may be conveyed and patented
to the University.
(2) Technical assistance.--On the request of the State and the
University, the Secretary shall provide technical assistance in the
identification of available State-selected land for inclusion in
the program established under subsection (b).
(3) Maps.--As soon as practicable after the date on which the
available State-selected land is identified under paragraph (1),
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of
the House of Representatives 1 or more maps depicting the available
State-selected land identified for potential conveyance to the
University.
(4) Conveyance.--Subject to paragraph (5), if the State and the
University notify the Secretary in writing that the State and the
University jointly concur with the conveyance of all or a portion
of the available State-selected land identified under paragraph
(1), and that the State will conditionally relinquish the selection
rights of the State to the land covered by the notification on the
issuance of the land being tentatively approved, and will fully
relinquish those selection rights on final patent by the Secretary
to the University, the Secretary shall convey the applicable
identified available State-selected land to the University, subject
to valid existing rights, in the same manner and subject to the
same terms, conditions, and limitations as is applicable to the
State under section 6(b) of Public Law 85-508 (commonly known as
the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21) and other
applicable law, to be held in trust for the exclusive use and
benefit of the University, to be administered in accordance with
subsection (e).
(5) Terms and conditions.--
(A) Maximum acreage.--Subject to subparagraph (C), the
Secretary shall convey not more than a total of 360,000 acres
of available State-selected land to the University under this
subsection, not to exceed the remaining entitlement of the
State under section 6(b) of Public Law 85-508 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
(B) Letters of concurrence.--For purposes of paragraph (4)
and subject to the maximum acreage limitation under paragraph
(1), the State and the University may submit to the Secretary 1
or more joint letters of concurrence identifying parcels of
available State selected land for conveyance as a subset of the
total acres to be conveyed under this subsection.
(C) Acreage charged against alaska statehood act
entitlement.--The acreage of land conveyed to the University
under this subsection shall be charged against the remaining
entitlement of the State under section 6(b) of Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21).
(D) Survey costs.--In accordance with Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21), the Secretary shall be responsible for the
costs of required surveys.
(E) Submerged lands.--Lands beneath navigable waters (as
defined in section 2 of the Submerged Lands Act (43 U.S.C.
1301)) shall not be available for conveyance to the University
under the program established under subsection (b).
(d) University of Alaska Inholdings.--
(1) In general.--The Secretary or the Secretary of Agriculture,
as appropriate, may acquire by purchase or exchange, with the
consent of the University, University-owned inholdings within
Federal land in the State.
(2) Appraisals.--The value of the land to be exchanged or
acquired under this subsection shall be determined by the Secretary
or the Secretary of Agriculture, as appropriate, through appraisals
conducted--
(A) in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(B) by a qualified appraiser mutually agreed to by the
Secretary or the Secretary of Agriculture, as appropriate, and
the University.
(3) Equal value exchanges.--For any land exchange entered into
under this subsection, the Federal land and University-owned
inholdings exchanged shall be of equal value.
(4) Purchase acquisitions.--Pursuant to chapter 2003 of title
54, United States Code, amounts in the Land and Water Conservation
Fund established by section 200302 of that title may be used for
the purchase of University-owned inholdings within Federal land in
the State under this subsection.
(5) Requirement.--Any land acquired by the United States under
this subsection shall be administered in accordance with the laws
(including regulations) applicable to the conservation system unit
or unit of the National Forest System in which the land is located.
(e) Administration of Conveyed or Exchanged Land.--All available
State-selected land that is tentatively approved or conveyed to the
University under this section, and all land or assets acquired by the
University through an exchange under this section, together with the
income therefrom and the proceeds from any dispositions thereof, shall
be administered by the University in trust to meet the necessary
expenses of higher education programs, similar to prior Federal land
grants to the University.
(f) State and University Participation.--Nothing in this section
requires the State or the University--
(1) to participate in the program established under subsection
(b); or
(2) to enter into sales or exchanges of University-owned
inholdings under subsection (d).
(g) Congressional Notification.--Not later than 90 days after the
date of any conveyance and patent to the University under this section,
the Secretary shall notify the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives of the land conveyed and patented.
(h) No Effect on Alaska Statehood Act Entitlement.--Except for any
available State-selected land conveyed under subsection (c) and charged
against the remaining entitlement of the State under section 6(b) of
Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21)--
(1) the operation of the program established under subsection
(b) shall not diminish or alter the rights of the State to receive
the entitlement of the State in any way; and
(2) the State may continue to pursue the transfer of the
remaining entitlement of the State under section 6(b) of Public Law
85-508 (commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21) at any time.
SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY
ADJUSTMENTS.
(a) Wilderness Area Included in Mount Olympus Wilderness.-- Section
102(a) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
1657; 16 U.S.C. 1132 note) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(13) certain lands in the Uinta-Wasatch-Cache National Forest
which comprise approximately 326.27 acres as generally depicted on
a map entitled the `Bonneville Shoreline Trail Legislative Map'
dated July 9, 2020, are, subject to valid existing rights, hereby
incorporated as part of the Mount Olympus Wilderness designated
under paragraph (3).''.
(b) Wilderness Boundary Adjustments.--
(1) Mount naomi wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note) is
amended by adding at the end the following:
``(c) Mount Naomi Wilderness Boundary Adjustment.--Certain lands in
the Uinta-Wasatch-Cache National Forest which comprise approximately
11.17 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Mount Naomi Wilderness designated under subsection
(a)(1).''.
(B) Management.--The Mount Naomi Wilderness, as designated
under section 102(a)(1) of the Utah Wilderness Act of 1984
(Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132 note) and
adjusted under subparagraph (A), effective beginning on the
date of enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(2) Mount olympus wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note),
as amended by paragraph (1)(A), is amended by adding at the end
the following:
``(d) Mount Olympus Wilderness Boundary Adjustment.--Certain lands
in the Uinta-Wasatch-Cache National Forest which comprise approximately
197.4 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Mount Olympus Wilderness designated under subsection
(a)(3).''.
(B) Management.--The Mount Olympus Wilderness, as
designated under section 102(a)(3) of the Utah Wilderness Act
of 1984 (Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132 note)
and adjusted under subparagraph (A), effective beginning on the
date of enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(3) Twin peaks wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note),
as amended by paragraphs (1) and (2), is amended by adding at
the end the following:
``(e) Twin Peaks Wilderness Boundary Adjustment.--Certain lands in
the Uinta-Wasatch-Cache National Forest which comprise approximately
9.8 acres as generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are hereby
removed from the Twin Peaks Wilderness designated under subsection
(a)(4).''.
(B) Management.--The Twin Peaks Wilderness, as designated
under section 102(a)(4) of the Utah Wilderness Act of 1984
(Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132 note) and
adjusted under subparagraph (A), effective beginning on the
date of enactment of this Act, shall be managed as part of the
Uinta-Wasatch-Cache National Forest.
(4) Lone peak wilderness boundary adjustment.--
(A) Adjustment.--Section 2 of the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 16
U.S.C. 1132 note) is amended--
(i) in subsection (j), by striking ``and'' at the end;
(ii) in subsection (k), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(l) certain lands in the Uinta-Wasatch-Cache National Forest,
Utah, which comprise approximately 107.9 acres as generally depicted on
a map entitled the `Bonneville Shoreline Trail Legislative Map', dated
July 9, 2020, are hereby removed from the Lone Peak Wilderness Area
designated under subsection (i).''.
(B) Management.--The Lone Peak Wilderness Area, as
designated under section 2(i) of the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 16
U.S.C. 1132 note) and adjusted under subparagraph (A),
effective beginning on the date of enactment of this Act, shall
be managed as part of the Uinta-Wasatch-Cache National Forest.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) affects the use or allocation, in existence on the date of
enactment of this Act, of any water, water right, or interest in
water;
(2) affects any water right (as defined by applicable State
law) in existence on the date of enactment of this Act, including
any water right held by the United States;
(3) affects any interstate water compact in existence on the
date of enactment of this Act; or
(4) shall be considered to be a relinquishment or reduction of
any water rights reserved or appropriated by the United States in
the State on or before the date of enactment of this Act.
(d) Map.--
(1) Map on file.--The map entitled the ``Bonneville Shoreline
Trail Legislative Map'', dated July 9, 2020, shall be on file and
available for inspection in the office of the Chief of the Forest
Service.
(2) Corrections.--The Secretary of Agriculture may make
technical corrections to the map described in paragraph (1).
SEC. 304. ARIZONA EXPERIMENT STATION LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Easement.--The term ``easement'' means an easement to
access and use Forest Service Road 9201D from its junction with
Forest Service Road 0618 (commonly known as ``Beaver Creek'').
(2) Federal land.--The term ``Federal land'' means the
approximately 13.3 acres of National Forest System land within the
Coconino National Forest in the State of Arizona, as generally
depicted on the map entitled ``Act to Convey Certain NFS Land and
non-Federal Land in Arizona Winter Quarters'' and dated June 20,
2019.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(4) University.--The term ``University'' means the Arizona
Board of Regents, acting on behalf of the University of Arizona
Experiment Station.
(b) Coconino National Forest Land Conveyance.--
(1) Conveyance authorized.--Subject to this subsection, if the
University submits to the Secretary not later than 180 days after
the date of enactment of this Act a written request to acquire the
Federal land for market value, as determined by the appraisal
conducted under paragraph (4), the Secretary shall, not later than
1 year after the date of enactment of this Act, convey to the
University all right, title, and interest of the United States in
and to that land, including related infrastructure, improvements,
and easements on that land.
(2) Terms and conditions.--The conveyance authorized under
paragraph (1) shall be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law; and
(C) subject to any other terms and conditions as considered
appropriate by the Secretary.
(3) Forest service access.--The Secretary shall retain all
other rights not included in the conveyance authorized under
paragraph (1) to Forest Service Road 9201D from its junction with
Forest Service Road 0618 (commonly known as ``Beaver Creek''),
including the maintenance of, and continued administrative access
to, that road.
(4) Appraisal.--
(A) In general.--Not later than 90 days after the date on
which the University submits a written request under paragraph
(1), the Secretary shall complete an appraisal to determine the
market value of the Federal land.
(B) Standards.--The appraisal under subparagraph (A) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
SEC. 305. WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Skamania County,
Washington.
(2) Map.--The term ``map'' means the map entitled ``Wind River
Administrative Site Conveyance Proposal'' and dated July 7, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance of Land and Improvements.--If the County submits a
written request to the Secretary not later than 180 days after the date
of enactment of this Act, the Secretary shall, not later than 2 years
after the date of the enactment of this Act, convey to the County all
right, title, and interest of the United States in and to the
approximately 23.4 acres of National Forest System land, related
infrastructure, and all improvements, as generally depicted as
``proposed conveyance'' on the map.
(c) Map.--
(1) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of the
Forest Service.
(2) Correction of errors.--The Secretary may correct minor
errors in the map.
(d) Terms and Conditions.--
(1) In general.--The conveyance under subsection (b) shall be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law, made
without consideration;
(C) made by quitclaim deed;
(D) subject to a right-of-way and restrictive easement
reservation of a width to be determined by the Secretary, for
the protection of the Pacific Crest National Scenic Trail;
(E) completed in accordance with the Forest Service
Facility Realignment and Enhancement Act of 2005 (16 U.S.C.
580d note; Public Law 109-54), except that subsections (b) and
(c) of section 504 of that Act shall not apply;
(F) subject to right-of-way reservations made pursuant to
section 507 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1767);
(G) subject to the County managing a portion of the land
conveyed under subsection (b) for public recreational purposes;
(H) subject to the County retaining ownership of the land
conveyed under subsection (b) in perpetuity; and
(I) subject to any other terms and conditions as the
Secretary determines appropriate.
(2) Reversion.--The land conveyed under subsection (b) shall,
at the discretion of the Secretary, revert to the United States
if--
(A) the land is used in a manner that is inconsistent with
the use described in paragraph (1)(G); or
(B) the County attempts to dispose of the land.
(e) Federal Property Disposal.--Chapter 5 of subtitle I of title
40, United States Code, shall not apply to the conveyance under
subsection (b).
(f) Hazardous Materials.--With respect to the conveyance under
subsection (b), the Secretary--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9620(h)); and
(2) shall not otherwise be required to remediate or abate the
hazardous substances, pollutants, or contaminants disclosed
pursuant to paragraph (1).
(g) Closing Costs.--As a condition for the conveyance under
subsection (b), the County shall pay all closing costs associated with
the conveyance, including for--
(1) title insurance and title search; and
(2) any applicable inspection fees, escrow fees, attorneys'
fees, and recording fees.
(h) Survey.--
(1) In general.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(2) Costs of survey.--The Secretary may bear all costs
associated with the survey under paragraph (1).
(i) Use of Land.--
(1) In general.--The land and related infrastructure conveyed
under subsection (b) shall be maintained by the County pursuant to
standards established by the Secretary of the Interior under
section 306101 of title 54, United States Code.
(2) Reversion.--If any portion of the land conveyed under
subsection (b) is used in a manner that is inconsistent with the
use described in paragraph (1), the land shall, at the discretion
of the Secretary, revert to the United States.
SEC. 306. RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION MAIN
SEGMENT AT VALLEY FORGE NHP.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may issue a right-of-way permit pursuant to part 14 of title
36, Code of Federal Regulations (as in effect on the date of the
enactment of this Act), for the covered main segment if the covered
main segment is relocated to a proposed realignment of Valley Forge
Park Road and North Gulph Road within the Park.
(b) Scope of Authority.--The authority to grant a right-of-way
permit under subsection (a) shall apply only to the covered main
segment and shall not apply to any other part of the natural gas
distribution main system or any other pipeline system within the Park.
(c) Definitions.--In this section:
(1) Covered main segment.--The term ``covered main segment''
means the portions of the natural gas distribution main (including
all appurtenances used in the operation of such main) within the
Park--
(A) existing on the date of the enactment of this Act; and
(B) that are located under, along, or adjacent to the
segments of North Gulph Road and Valley Forge Park Road (SR3039
and SR0023 respectively, as those roads were aligned on January
21, 2022) that are between--
(i) the intersection of North Gulph Road with Richards
Road; and
(ii) a point on Valley Forge Park Road located 500 feet
northwest of its intersection with County Line Road.
(2) Park.--The term ``Park'' means Valley Forge National
Historical Park.
TITLE IV--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 401. DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) York river, maine.--The following segments of the main
stem and tributaries (including portions of Bass Cove Creek, Cider
Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby Brook,
Rogers Brook, and Smelt Brook) in the State of Maine, totaling
approximately 30.8 miles, to be administered by the Secretary of
the Interior, as a recreational river:
``(A) The approximately 0.95-mile segment of Bass Cove
Creek from the outlet of Boulter Pond in York, Maine, and
extending downstream to the confluence with the York River in
York, Maine.
``(B) The approximately 3.77-mile segment of Cider Hill
Creek from the Middle Pond dam in York, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(C) The approximately 2.15-mile segment of Cutts Ridge
Brook from the headwaters in Kittery, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(D) The approximately 3.17-mile segment of Dolly Gordon
Brook from the headwaters in York, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(E) The approximately 1.65-mile segment of Libby Brook
from the headwaters in Kittery, Maine, and extending downstream
to the confluence with Dolly Gordon Brook in York, Maine.
``(F) The approximately 2.43-mile segment of Rogers Brook
from the headwaters in Eliot, Maine, and extending downstream
to the confluence with the York River in York, Maine.
``(G) The approximately 4.54-mile segment of Smelt Brook
from the Bell Marsh Reservoir dam in York, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(H) The approximately 12.14-mile segment of the York
River from the outlet of York Pond in Eliot, Maine, and
extending downstream to the Route 103 Bridge in York, Maine,
including Barrell Mill Pond in York, Maine.''.
(b) Management of York Wild and Scenic River, Maine.--
(1) Definitions.--In this subsection:
(A) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (231) of section 3(a) of
the of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (a)).
(B) State.--The term ``State'' means the State of Maine.
(C) Stewardship committee.--The term ``Stewardship
Committee'' means the York River Stewardship Committee.
(D) Stewardship plan.--The term ``stewardship plan'' means
the plan entitled the ``York River Watershed Stewardship
Plan'', dated August 2018, and developed pursuant to the study
described in section 5(b)(21) of the Wild and Scenic Rivers Act
(16 U.S.C. 1276(b)(21)).
(2) Stewardship plan.--
(A) In general.--The Secretary shall manage the covered
segments in accordance with--
(i) the stewardship plan; and
(ii) any amendments to the stewardship plan that--
(I) the Secretary determines are consistent with
this section; and
(II) are approved by the Stewardship Committee.
(B) Comprehensive management plan.--The stewardship plan
shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Coordination with committee.--The Secretary shall
coordinate the management responsibilities of the Secretary under
this section and the amendments made by this section with the
Stewardship Committee, as provided in the stewardship plan.
(4) Cooperative agreements.--
(A) In general.--To provide for the long-term protection,
preservation, and enhancement of the covered segments, the
Secretary may enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e), 1282(b)(1)) with--
(i) the State;
(ii) the towns of Eliot, Kittery, South Berwick, and
York in the State; and
(iii) appropriate local, regional, or State planning,
environmental, or recreational organizations.
(B) Consistency.--Each cooperative agreement entered into
under this paragraph--
(i) shall be consistent with the stewardship plan; and
(ii) may include provisions for Federal financial or
other assistance.
(5) Land management.--
(A) Zoning ordinances.--For the purposes of the covered
segments, the zoning ordinances adopted by the towns described
in paragraph (4)(A)(ii), including any provisions for the
conservation of floodplains, wetlands, and watercourses
associated with the covered segments, shall be considered to
satisfy the requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The authority of the Secretary to
acquire land for the purposes of the covered segments shall
be--
(i) limited to acquisition by donation or acquisition
with the consent of the owner of the land; and
(ii) subject to the additional criteria provided in the
stewardship plan.
(C) No condemnation.--No land or interest in land within
the watersheds of the covered segments may be acquired by
condemnation.
(6) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the covered segments shall not be--
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) applicable
to the National Park System.
SEC. 402. DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER,
CONNECTICUT.
(a) Amendments to Wild and Scenic Rivers Act.--Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section
401(a)) is amended by adding at the end the following:
``(232) Housatonic river, connecticut.--
``(A) In general.--The following segments of the Housatonic
River in the State of Connecticut, to be administered by the
Secretary of the Interior:
``(i) The approximately 14.9-mile segment from the
Massachusetts-Connecticut boundary to the covered bridge in
West Cornwall, as a scenic river.
``(ii) The approximately 4.1-mile segment from the
covered bridge in West Cornwall to the Cornwall Bridge, as
a recreational river.
``(iii) The approximately 9.1-mile segment from the
Cornwall Bridge to the Route 341 bridge in Kent, as a
scenic river.
``(iv) The approximately 12.2-mile segment from the
Route 341 bridge in Kent to the Boardman Bridge in New
Milford, as a recreational river.
``(B) Effects on hydroelectric facilities.--The designation
of the river segments in subparagraph (A) shall not--
``(i) impact or alter the existing terms of permitting,
licensing, or operation of--
``(I) the Falls Village Hydroelectric Generating
Station located in Falls Village, Connecticut (FERC P-
2576); or
``(II) the Bulls Bridge Hydroelectric Generating
Station located in New Milford, Connecticut (FERC P-
2576); or
``(ii) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or otherwise
authorizing the operation or continued operation of the
facilities named in clause (i).''.
(b) Management.--
(1) Process.--The Housatonic River segments shall be managed in
accordance with--
(A) the Management Plan; and
(B) such amendments to the Management Plan as the Secretary
determines are consistent with this section and the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(2) Comprehensive management plan.--The Management Plan shall
be considered to satisfy the requirements for a comprehensive
management plan under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
(3) Cooperative management.--
(A) In general.--To provide for long-term protection,
preservation, and enhancement of the Housatonic River segments,
the Secretary shall coordinate management responsibilities
under this section, and may enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), with--
(i) the State of Connecticut;
(ii) the towns of Sharon, Canaan, Cornwall, Salisbury,
New Milford, Kent, and North Canaan, Connecticut; and
(iii) appropriate planning, environmental, and
recreational organizations, including--
(I) local, regional, State, and multistate
organizations; and
(II) any other appropriate organizations, as
determined by the Housatonic River Commission, or its
successor organization, as defined in the Management
Plan.
(B) Cooperative agreements.--Each cooperative agreement
entered into under this paragraph shall be consistent with the
Management Plan and may include provisions for financial or
other assistance from the United States.
(4) Zoning ordinances.--For the purposes of the Housatonic
River segments, the zoning ordinances adopted by the municipalities
named in paragraph (3)(A)(ii) shall be deemed to satisfy the
standards and requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)).
(5) Acquisition of lands.--The authority of the Secretary to
acquire land for the Housatonic River segments shall be--
(A) limited to acquisition by donation or acquisition with
the consent of the owner thereof; and
(B) subject to the additional criteria set forth in the
Management Plan.
(6) No condemnation.--No land or interest in land may be
acquired for the Housatonic River segments by condemnation.
(7) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Housatonic River segments shall not be--
(A) administered as a part or unit of the National Park
System; or
(B) subject to regulations that govern the National Park
System.
(8) Definitions.--In this subsection:
(A) Management plan.--The term ``Management Plan'' means
the Housatonic River Management Plan, dated September 2006.
(B) Housatonic river segments.--The term ``Housatonic River
segments'' means the river segments designated by the
amendments made by subsection(a).
SEC. 403. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS,
LITTLE MANATEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)) is amended by adding at the end the following:
``(145) Little manatee river, florida.--The approximately 50-
mile segment beginning at the source in southeastern Hillsborough
County, Florida, downstream to the point at which the river enters
Tampa Bay, including appropriate tributaries, but shall not
include--
``(A) those portions lying within Manatee County, Florida,
and being more particularly described as Parcel ID 247800059,
Parcel ID 248200008, and Parcel ID 248100000; and
``(B) South Fork.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:
``(22) Little manatee river, florida.--Not later than 3 years
after the date on which funds are made available to carry out this
paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Little Manatee River,
Florida named in subsection (a)(145); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes the
results of the study.''.
(c) Effect on Management.--This section and the amendments made by
this section shall not interfere with the current management of the
area of the Little Manatee River described in paragraph (145) of
section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor
shall the fact that such area is listed for study under that Act be
used as justification for more restrictive management until Congress
acts on the study recommendations.
SEC. 404. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS,
KISSIMMEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)) (as amended by section 403(a)) is amended by adding at
the end the following:
``(146) Kissimmee river, florida.--The restored segment of the
Kissimmee River, beginning approximately 16 miles downstream of
Lake Kissimmee and ending approximately 15 miles upstream of Lake
Okeechobee.''.
(b) Studies and Reports.--Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) (as amended by section 403(b)) is
amended by adding at the end the following:
``(23) Kissimmee river, florida.--Not later than 3 years after
the date on which funds are made available to carry out this
paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Kissimmee River, Florida
named in paragraph (146) of subsection (a); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes the
results of the study.''.
(c) Effect on Management.--This section and the amendments made by
this section shall not interfere with the current management of the
area of the Kissimmee River described in paragraph (146) of section
5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), nor shall
the fact that such area is listed for study under that Act be used as
justification for more restrictive management until Congress acts on
the study recommendations.
TITLE V--NATIONAL TRAILS SYSTEM
SEC. 501. DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(31) Chilkoot national historic trail.--
``(A) In general.--The Chilkoot National Historic Trail, an
approximately 16.5-mile route within the Klondike Gold Rush
National Historical Park that was traditionally used as a
trading route by the Tlingit Indian Tribe and Tagish First
Nation and as a gold rush route, as generally depicted on the
map entitled `Proposed Chilkoot National Historic Trail',
numbered KLGO-461-173787, and dated October 2020.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
``(C) Administration.--The Chilkoot National Historic Trail
shall be administered by the Secretary of the Interior.
``(D) Effect.--The designation of the Chilkoot National
Historic Trail shall not affect any authorities under Public
Law 94-323 (16 U.S.C. 410bb et seq.).
``(E) Coordination of activities.--The Secretary of the
Interior may coordinate with public and nongovernmental
organizations and institutions of higher education in the
United States and Canada, Alaska Native Corporations, and, in
consultation with the Secretary of State, the Government of
Canada and any political subdivisions of the Government of
Canada for the purposes of--
``(i) exchanging information and research relating to
the Chilkoot National Historic Trail;
``(ii) supporting the preservation of, and educational
programs relating to, the Chilkoot National Historic Trail;
``(iii) providing technical assistance with respect to
the Chilkoot National Historic Trail; and
``(iv) working to establish an international historic
trail incorporating the Chilkoot National Historic Trail
that provides for complementary preservation and education
programs in the United States and Canada.''.
SEC. 502. ALASKA LONG NATIONAL SCENIC TRAIL STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following:
``(48) Alaska long trail.--
``(A) In general.--The Alaska Long Trail, extending
approximately 500 miles from Seward, Alaska, to Fairbanks,
Alaska.
``(B) Requirement.--The Secretary of the Interior (referred
to in this paragraph as the `Secretary') shall study the
feasibility of designating the trail described in subparagraph
(A), including evaluating the potential impacts of the trail on
rights-of-way, existing rights, or other recreational uses of
the land proposed to be used for the trail.
``(C) Consultation.--The Secretary shall conduct the study
under this paragraph in consultation with--
``(i) the Secretary of Agriculture, acting through the
Chief of the Forest Service;
``(ii) the State of Alaska;
``(iii) units of local government in the State of
Alaska;
``(iv) Alaska Native Corporations; and
``(v) representatives of the private sector, including
any entity that holds a permit issued by the Federal Energy
Regulatory Commission.''.
SEC. 503. BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
(as amended by section 502) is amended by adding at the end the
following:
``(49) Buckeye trail.--The Buckeye Trail, a system of trails
creating a loop extending approximately 1,454 miles from Lake Erie
to the Ohio River, through the farmland of northwest Ohio, the
hills of Appalachia, the Black Hand sandstone cliffs of the Hocking
Hills region, and the Bluegrass region of southwest Ohio.''.
TITLE VI--NATIONAL PARK SERVICE PROVISIONS
Subtitle A--Additions to the National Park System
SEC. 601. NEW PHILADELPHIA NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the New
Philadelphia National Historic Site established by subsection
(b)(1).
(2) State.--The term ``State'' means the State of Illinois.
(b) Establishment of New Philadelphia National Historic Site.--
(1) Establishment.--There is established in the State as a unit
of the National Park System the New Philadelphia National Historic
Site.
(2) Purpose.--The purpose of the historic site is to protect,
preserve, and interpret the historic resources associated with the
town of New Philadelphia, the first town in the United States
planned and legally registered by a free African American before
the Civil War.
(3) Boundary.--The historic site shall consist of the
approximately 124.33 acres of land within the boundary generally
depicted as ``Proposed Boundary'' on the map prepared by the
National Park Service entitled ``New Philadelphia National Historic
Site Proposed Boundary'', numbered 591/176,516, and dated July
2021.
(c) Administration.--
(1) In general.--The Secretary shall administer land within the
boundary of the historic site in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the National
Park System, including--
(i) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54, United
States Code; and
(ii) chapter 3201 of title 54, United States Code.
(2) Cooperative agreements.--
(A) In general.--The Secretary may enter into cooperative
agreements with the State or other public and private
entities--
(i) to coordinate preservation and interpretation
activities within the historic site; and
(ii) to identify, interpret, and provide assistance for
the preservation and interpretation of non-Federal land
within the boundary of the historic site and at sites in
close proximity to the historic site that are located
outside the boundary of the historic site.
(B) Public access.--Any cooperative agreement entered into
under subparagraph (A) to provide assistance to non-Federal
land shall provide for reasonable public access to the non-
Federal land.
(3) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire land and interests in land for inclusion in the
historic site by--
(i) donation;
(ii) purchase with donated or appropriated funds; or
(iii) exchange.
(B) Limitation.--Any land owned by the State or a political
subdivision of the State may be acquired for inclusion in the
historic site only by donation.
(4) Technical and preservation assistance.--The Secretary may
provide public interpretation and technical assistance for the
preservation of historic structures of, the maintenance of the
cultural landscape of, and local preservation planning for, related
historic and cultural resources within the boundaries of the
historic site.
(5) Management plan.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out this
section, the Secretary, in consultation with the State, shall
complete a general management plan for the historic site in
accordance with--
(A) section 100502 of title 54, United States Code; and
(B) any other applicable laws.
Subtitle B--Modifications to Existing Units of the National Park System
SEC. 611. SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 97.71 acres of Forest Service land identified as
``Proposed transfer from USDA Forest Service to National Park
Service'' on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Sunset
Crater Volcano National Monument Draft Proposed Boundary
Adjustment'', numbered 039/80,053d, and dated January 2021.
(3) Monument.--The term ``Monument'' means the Sunset Crater
Volcano National Monument established by Presidential Proclamation
1911 (54 U.S.C. 320301 note; 46 Stat. 3023) and redesignated by
section 15 of the Smith River National Recreation Area Act (Public
Law 101-612; 104 Stat. 3222).
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Sunset Crater Volcano National Monument Boundary
Modification.--
(1) Transfer of administrative jurisdiction to national park
service.--Administrative jurisdiction over the Federal land is
transferred from the Forest Service to the National Park Service.
(2) Map availability.--The Map shall be on file and available
for inspection in the appropriate offices of the National Park
Service.
(3) Boundary modification.--The boundary of the Monument is
modified to include the Federal land.
(4) Administration.--Subject to valid existing rights, the
Secretary shall administer the Federal land added to the Monument
under paragraph (3)--
(A) as part of the Monument; and
(B) in accordance with applicable laws (including
regulations).
SEC. 612. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL
HISTORICAL PARK.
(a) Nystrom Elementary School Addition.--Section 2 of the Rosie the
Riveter/World War II Home Front National Historical Park Establishment
Act of 2000 (16 U.S.C. 410ggg) is amended by striking subsection (b)
and inserting the following:
``(b) Areas Included.--
``(1) In general.--The boundaries of the park shall include--
``(A)(i) the areas generally depicted on the map entitled
`Proposed Boundary Map, Rosie the Riveter/World War II Home
Front National Historical Park', numbered 963/80,000, and dated
May 2000; and
``(ii) the areas depicted as the `Proposed Boundary
Addition' on the map entitled `Rosie the Riveter/World War II
Home Front National Historical Park Proposed Boundary
Addition', numbered 499/168,353, and dated May 2020; and
``(B) any other historic properties identified by the
Secretary as appropriate for addition to the park, subject to
the requirement that a historic property proposed for addition
to the park shall--
``(i) be determined to be eligible for listing in the
National Register of Historic Places;
``(ii) have a direct connection to World War II home
front themes in Richmond, California; and
``(iii) relate to the purpose, significance, and
interpretive themes of the park.
``(2) Availability of maps.--The maps referred to in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.''.
(b) Administration.--Section 3(a) of the Rosie the Riveter/World
War II Home Front National Historical Park Establishment Act of 2000
(16 U.S.C. 410ggg-1(a)) is amended by adding at the end the following:
``(3) Nystrom elementary school.--Nothing in this Act affects
the authority of the West Contra Costa Unified School District to
administer Nystrom Elementary School.''.
(c) Cooperative Agreements.--Section 3(b) of the Rosie the Riveter/
World War II Home Front National Historical Park Establishment Act of
2000 (16 U.S.C. 410ggg-1(b)) is amended by adding at the end the
following:
``(3) West contra costa unified school district.--
``(A) In general.--The Secretary may enter into cooperative
agreements with the West Contra Costa Unified School District
and other appropriate public and private agencies,
organizations, and institutions to carry out the purposes of
this Act.
``(B) Visitor interpretation.--The Secretary shall
coordinate visitor interpretation of the Nystrom Elementary
School site with the West Contra Costa Unified School
District.''.
SEC. 613. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2018, section 8 of Public Law 87-126 (16
U.S.C. 459b-7) is amended--
(1) in subsection (a), in the second sentence, by striking
``2018'' and inserting ``2029'';
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).
SEC. 614. CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY
MODIFICATION.
Section 303(b) of the Cane River Creole National Historical Park
and National Heritage Area Act (16 U.S.C. 410ccc-1(b)) is amended by
adding at the end the following:
``(5) The approximately 46.1 acres of land identified as
`Proposed Addition', as generally depicted on the map entitled
`Cane River Creole National Historical Park Proposed Addition--
Magnolia Plantation Unit', numbered 494/176,958, and dated October
2021.''.
SEC. 615. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP
NATIONAL RECREATION AREA.
Section 4(b) of the Delaware Water Gap National Recreation Area
Improvement Act (Public Law 109-156; 119 Stat. 2948; 131 Stat. 2246) is
amended, in the matter preceding paragraph (1), by striking ``Until''
and all that follows through ``subsection (a)'' and inserting ``Until
September 30, 2026, subsection (a)''.
SEC. 616. WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY
MODIFICATION.
Section 1(b) of Public Law 86-434 (16 U.S.C. 430kk(b)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking ``The map'' and
inserting the following:
``(C) Availability of maps.--The maps described in
subparagraphs (A) and (B)'';
(B) by striking ``(1) The boundaries'' and inserting the
following:
``(1) Additional land.--
``(A) In general.--The boundaries'';
(C) by inserting after subparagraph (A) (as so designated)
the following:
``(B) Newtonia battlefield addition.--The boundary of the
Wilson's Creek National Battlefield is revised to include the
approximately 25 acres of land identified as `Proposed
Addition' on the map entitled `Wilson's Creek National
Battlefield Proposed Boundary Modification', numbered 410/
177,379, and dated July 2022.''; and
(D) by adding at the end the following:
``(D) Errors.--The Secretary of the Interior may correct
any clerical or typographical error in a map described in
subparagraph (A) or (B).''; and
(2) in paragraph (2)--
(A) by striking ``(2) The Secretary is authorized to
acquire the lands referred to in paragraph (1)'' and inserting
the following:
``(2) Method of acquisition.--The Secretary of the Interior may
acquire the land described in subparagraphs (A) and (B) of
paragraph (1)''; and
(B) in the second sentence, by striking ``the park'' and
inserting ``Wilson's Creek National Battlefield''.
SEC. 617. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY
REVISION.
(a) Definitions.--Section 7134(a) of the Energy and Natural
Resources Act of 2017 (as enacted into law by section 121(a)(2) of
division G of the Consolidated Appropriations Act, 2018 (Public Law
115-141; 16 U.S.C. 410xxx(a)(3))) is amended--
(1) in paragraph (3), by striking ``numbered 571/149,942, and
dated December 2018'' and inserting ``numbered 571/177,464, and
dated September 2021'';
(2) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Secretary.--The term `Secretary' means the Secretary of
the Interior.''.
(b) Authority To Correct Errors in Map.--Section 7134(d) of the
Energy and Natural Resources Act of 2017 (as enacted into law by
section 121(a)(2) of division G of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 16 U.S.C. 410xxx(d))) is amended--
(1) by striking ``The Map'' and inserting the following:
``(1) In general.--The Map''; and
(2) by adding at the end the following:
``(2) Authority to correct errors.--The Secretary may correct
any clerical or typographical errors in the Map.''.
(c) Visitor Center and Administrative Facilities.--Section 7134(e)
of the Energy and Natural Resources Act of 2017 (as enacted into law by
section 121(a)(2) of division G of the Consolidated Appropriations Act,
2018 (Public Law 115-141; 16 U.S.C. 410xxx(e))) is amended by adding at
the end the following:
``(3) Visitor center.--The Secretary--
``(A) may acquire, by donation, the land (including any
improvements to the land) owned by the city of Ste. Genevieve,
Missouri, and used as the visitor center for the Historical
Park, as generally depicted on the Map as `Proposed Boundary
Addition'; and
``(B) on acquisition of the land described in subparagraph
(A), shall revise the boundary of the Historical Park to
include the acquired land.
``(4) Administrative facilities.--The Secretary may acquire, by
purchase from a willing seller or by donation, not more than 20
acres of land in the vicinity of the Historical Park for
administrative facilities for the Historical Park.''.
SEC. 618. CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR
AFFORDABLE WORKFORCE HOUSING.
Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is amended
by striking ``by any town which so desires'' in the first sentence and
all that follows through the period at the end of paragraph (2) and
inserting the following: ``for affordable workforce housing to benefit
the towns on Mount Desert Island, subject to the limitation that the
Secretary may retain not more than 15 acres of the Federal land
identified as `4DBH' on the map, to be used by the Secretary to provide
housing and administrative facilities for the use of, and supporting
the purposes of, the Park.''.
SEC. 619. DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Historical park.--The term ``historical park'' means the
Pullman National Historical Park.
(2) Map.--The term ``map'' means the map entitled ``Pullman
National Historical Park Boundary'', numbered 590/125,485, and
dated November 2021.
(b) Redesignation of Pullman National Monument.--
(1) In general.--The Pullman National Monument, established by
Proclamation Number 9233, dated February 19, 2015, is redesignated
as the ``Pullman National Historical Park''.
(2) Availability of funds.--Any funds available for purposes of
the Pullman National Monument shall be available for purposes of
the historical park.
(3) References.--Any references in a law, regulation, document,
record, map, or other paper of the United States to the Pullman
National Monument shall be considered to be a reference to the
historical park.
(4) Proclamation.--Proclamation Number 9233, dated February 19,
2015, shall have no force or effect.
(c) Purposes.--The purposes of the historical park are to preserve,
protect, and interpret Pullman's nationally significant cultural and
historical resources associated with--
(1) the labor history of the United States and creation of a
national Labor Day holiday;
(2) the first planned industrial community in the United
States;
(3) the architecture and landscape design of the planned
community;
(4) the pivotal role of the Pullman porter in the rise of the
African-American middle class; and
(5) the entirety of history, culture, and historic figures
embodied in Presidential Proclamation Number 9233.
(d) Administration.--The Secretary shall administer the land within
the boundary of the historical park in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National Park
System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United States
Code; and
(B) chapter 3201 of title 54, United States Code.
(e) Cooperative Agreements.--
(1) In general.--To further the purposes of this section and
notwithstanding chapter 63 of title 31, United States Code, the
Secretary may enter into cooperative agreements with the State of
Illinois, other public and nonprofit entities, and other interested
parties, subject to paragraph (2)--
(A) to support collaborative interpretive and educational
programs at non-Federal historic properties within the
boundaries of the historical park; and
(B) to identify, interpret, and provide assistance for the
preservation of non-Federal land within the boundaries of the
historical park and at sites in close proximity to the
historical park, but located outside the boundaries of the
historical park, including providing for placement of
directional and interpretive signage, exhibits, and technology-
based interpretive devices.
(2) Public access.--A cooperative agreement entered under this
subsection shall provide for reasonable public access.
(f) Use of Funds.--
(1) In general.--The Secretary may use appropriated funds to
mark, interpret, improve, restore, and provide technical assistance
with respect to the preservation and interpretation of the
properties.
(2) Inconsistent purposes.--Any payment made by the Secretary
under this subsection shall be subject to an agreement that the
conversion, use, or disposal of the project for purposes that are
inconsistent with the purposes of this section, as determined by
the Secretary, shall result in a right of the United States to
reimbursement of the greater of--
(A) the amount provided by the Secretary to the project;
and
(B) an amount equal to the increase in the value of the
project that is attributable to the funds, as determined by the
Secretary at the time of the conversion, use, or disposal.
(g) Acquisition of Land.--The Secretary may acquire for inclusion
in the historical park any land (including interests in land),
buildings, or structures owned by the State of Illinois, or any other
political, private, or nonprofit entity by donation, transfer,
exchange, or purchase from a willing seller.
(h) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this section, the
Secretary shall complete a management plan for the historical park.
SEC. 620. PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK BOUNDARY
ADDITION.
(a) Boundary.--Section 3(b)(2) of the Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(2)) is
amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) In addition to the land described in paragraph
(1), the historical park shall consist of--
``(I) the approximately 34 acres of land, as
generally depicted on the map entitled `Palo Alto
Battlefield NHS Proposed Boundary Expansion', numbered
469/80,012, and dated May 21, 2008; and
``(II) on the date that such land is donated to the
United States, the approximately 166.44 acres of land
generally depicted on the map entitled `PALO ALTO
BATTLEFIELD NATIONAL HISTORICAL PARK Proposed Boundary
Addition, Fort Brown Unit', numbered 469/143,589, and
dated April 2018.
``(ii) Before accepting any donated land described in
this subparagraph, the Secretary shall complete a boundary
study analyzing the feasibility of adding the land to the
national historical park.
``(iii) If a boundary study completed under clause (ii)
finds that acceptance of the donated land is feasible and
appropriate, the Secretary may accept such land and
administer the land as part of the historical park after
providing notice of such finding to Congress.''; and
(2) in subparagraph (B)--
(A) in the heading, by striking ``map'' and inserting
``maps''; and
(B) by striking ``map'' and inserting ``maps''.
(b) Legal Description.--Section 3(b)(3) of the Palo Alto
Battlefield National Historic Site Act of 1991 (16 U.S.C. 410nnn-
1(b)(3)) is amended by striking ``after'' and all that follows through
``Secretary of the Interior'' and inserting ``after the addition of
lands to the historic park boundary, the Secretary of the Interior''.
SEC. 621. INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBELLION ON
ST. JOHN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall install, in an appropriate
location in the area of the Ram Head trail at the peak of Ram Head in
the Virgin Islands National Park on St. John, United States Virgin
Islands, a suitable plaque to commemorate the slave rebellion that
began on St. John on November 23, 1733.
(b) Contents of Plaque.--The plaque installed under subsection (a)
shall include information regarding--
(1) important facts about the slave rebellion that began on St.
John in 1733;
(2) the collective suicide that occurred during the slave
rebellion in the vicinity of Ram Head on St. John in 1734; and
(3) the significance of the slave rebellion to the history of
St. John, the United States Virgin Islands, and the United States.
Subtitle C--National Park Service Studies
SEC. 631. SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the John P. Parker House in Ripley, Ohio, which was
recognized as a National Historic Landmark in 1997.
(b) Study.--
(1) In general.--The Secretary shall conduct a special resource
study of the study area to determine the suitability and
feasibility of establishing the John P. Parker House in Ripley,
Ohio, as a unit of the National Park System.
(2) Contents.--In conducting the study under paragraph (1), the
Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private and
nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs (B)
and (C).
(3) Study requirements.--The Secretary shall conduct the study
in accordance with section 100507 of title 54, United States Code.
(4) Report.--Not later than 18 months after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate a report that describes--
(A) the results of the study; and
(B) any recommendations of the Secretary.
SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the site known as ``Dearfield'', in Weld County, Colorado,
which was a historically black agricultural settlement founded by
Oliver Toussaint Jackson.
(b) Study.--
(1) In general.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1), the
Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private and
nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs (B)
and (C).
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title 54,
United States Code.
(c) Report.--Not later than 3 years after the date on which funds
are first made available to carry out the study under subsection
(b)(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 633. SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.
(a) Definition of Study Area.--In this section, the term ``study
area'' means sites within approximately 100 miles of Memphis,
Tennessee, at which lynchings took place, including the lynching sites
of--
(1) Wash Henley in 1869;
(2) Christopher Bender and Bud Whitfield in 1868;
(3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892
during the event referred to as ``The People's Grocery Lynchings'';
(4) Lee Walker in 1893;
(5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward
Hall, John Hayes, and Graham White in 1894;
(6) Ell Persons in 1917;
(7) Jesse Lee Bond in 1939; and
(8) Elbert Williams in 1940.
(b) Study.--The Secretary shall conduct a special resource study of
the study area.
(c) Contents.--In conducting the special resource study under
subsection (b), the Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of designating
the study area as a unit of the National Park System;
(3) consider other alternatives for preservation, protection,
and interpretation of the study area by the Federal Government,
State or local government entities, or private and nonprofit
organizations;
(4) consult with interested Federal agencies, State or local
governmental entities, private and nonprofit organizations, or any
other interested persons; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance associated
with the alternatives.
(d) Applicable Law.--The special resource study required under
subsection (b) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(e) Report.--Not later than 3 years after the date on which funds
are made available to carry out this section, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report that describes--
(1) the results of the special resource study required under
subsection (b); and
(2) any recommendations of the Secretary.
SEC. 634. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA,
CALIFORNIA.
(a) Definition of Study Area.--In this section, the term ``study
area'' means the coastline and adjacent areas to the Santa Monica Bay
from Will Rogers State Beach to Torrance Beach, including the areas in
and around Ballona Creek and the Baldwin Hills and the San Pedro
section of the City of Los Angeles, excluding the Port of Los Angeles
north of Crescent Avenue.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1), the
Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the Federal
Government, State or local government entities, or private and
nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title 54,
United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph (1),
the Secretary shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.
Subtitle D--National Park Service Programs
SEC. 641. ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF
HISTORIC PRESERVATION TRAINING CENTER.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Historic
Preservation Training Center and related facilities of the National
Park Service in Frederick County, Maryland.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Authorization of Acquisition.--To further develop the Center in
accordance with section 305306 of title 54, United States Code, the
Secretary may acquire not more than 20 acres of land or interests in
land in Frederick County, Maryland, for the Center for the purpose of
supporting the physical space, program initiatives, and workforce
development capacity of the Center.
(c) Method of Acquisition.--Land or an interest in land for the
Center may only be acquired under subsection (b) by donation, transfer,
exchange, or purchase from a willing seller using donated or
appropriated funds.
(d) Administration of Acquired Land.--On acquisition of land or an
interest in land for the Center under subsection (b), the acquired land
or interest in land shall be administered by the Secretary for the
purpose described in subsection (b).
SEC. 642. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR
VETERANS' SPECIAL EVENTS.
(a) Definitions.--In this section:
(1) Member of a gold star family.--The term ``member of a Gold
Star Family'' means any individual that meets the eligibility
requirements of section 3.2 of Department of Defense Instruction
1348.36 (or a successor instruction).
(2) Special events.--The term ``special events'' has the
meaning given the term in section 7.96(g)(1) of title 36, Code of
Federal Regulations (or a successor regulation).
(3) The district of columbia and its environs.--The term ``the
District of Columbia and its environs'' has the meaning given the
term in section 8902(a) of title 40, United States Code.
(4) Veteran.--The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
(5) Veterans' special event.--The term ``veterans' special
event'' means a special event at which the majority of attendees
are veterans or members of Gold Star Families.
(6) War memorial.--The term ``war memorial'' means any memorial
or monument that has been erected or dedicated to commemorate a
military unit, military group, war, conflict, victory, or peace.
(b) Waiver.--The application fee for any application for a special
use permit, the sole purpose of which is to hold a veterans' special
event at a war memorial on land administered by the National Park
Service in the District of Columbia and its environs, shall be waived.
(c) Applicability of Existing Laws.--Notwithstanding subsection
(b), an applicant for a special use permit described in that subsection
shall be subject to any other law (including regulations) or policy
applicable to the application, issuance, or execution of the special
use permit.
(d) Applicability.--This section shall apply to any special use
permit application submitted after the date of enactment of this Act.
SEC. 643. UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS
PRESERVATION PROGRAM.
(a) Establishment.--Subdivision 1 of division B of subtitle III of
title 54, United States Code, is amended by inserting after chapter
3085 the following:
``CHAPTER 3086--UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS
PRESERVATION PROGRAM
``Sec.
``308601. Definitions.
``308602. United States African-American Burial Grounds Preservation
Program.
``308603. Authority to make grants.
``308604. Cooperative agreements and memoranda of understanding.
``308605. Private property protection.
``Sec. 308601. Definitions
``In this chapter:
``(1) Burial ground.--The term `burial ground' means any
natural or prepared physical location, whether originally below,
on, or above the surface of the earth, into which human remains are
deposited as a part of the death rite or ceremony of a culture.
``(2) Historic.--The term `historic', with respect to a
property, means a property that can reasonably be considered to
date back at least 50 years.
``(3) Program.--The term `Program' means the United States
African-American Burial Grounds Preservation Program established
under section 308602(a).
``Sec. 308602. United States African-American Burial Grounds
Preservation Program
``(a) In General.--The Secretary shall establish within the
Service, in accordance with this chapter, a program to be known as the
`United States African-American Burial Grounds Preservation Program'.
``(b) Duties of Secretary.--In carrying out the Program, the
Secretary, in consultation with the National Trust for Historic
Preservation and members of the African-American heritage community,
shall develop a program for the provision of grants in accordance with
section 308603(a).
``(c) Donations.--The Secretary may accept monetary donations to
further the purposes of this chapter.
``(d) Consent of Private Property Owner Required.--Burial grounds
shall only be considered for a grant under the Program--
``(1) with the consent of the property owner; and
``(2) at the request of an individual, landowner, private or
nonprofit organization, State, Tribal, or local government, or
other entity.
``Sec. 308603. Authority to make grants
``(a) In General.--The Secretary may make grants to other Federal
agencies, State, local, and Tribal governments, other public entities,
educational institutions, historic preservation groups, and private
nonprofit organizations in accordance with this chapter for--
``(1) the identification of historic African-American burial
grounds that may qualify for the Program;
``(2) the preservation and restoration of African-American
burial grounds;
``(3) the interpretation of African-American burial grounds;
and
``(4) related research and documentation for historic African-
American burial grounds.
``(b) Funding.--
``(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $3,000,000 for each of
fiscal years 2023 through 2027.
``(2) Availability.--Any amounts made available for a fiscal
year under paragraph (1) that are not used during that fiscal year
shall be available for use under this section during any subsequent
fiscal year.
``Sec. 308604. Cooperative agreements and memoranda of understanding
``The Secretary may enter into cooperative agreements and memoranda
of understanding with, and provide technical assistance to, the heads
of other Federal agencies, States, units of local government, Tribal
governments, regional governmental bodies, nonprofit organizations,
educational institutions, and private entities--
``(1) to achieve the purposes of this chapter; and
``(2) to ensure effective coordination of the Federal elements
and non-Federal elements provided a grant or other assistance under
the Program with System units and programs of the Service.
``Sec. 308605. Private property protection
``Nothing in this chapter--
``(1) authorizes the Secretary to require or affect the
management or use of private property without the written consent
of the owner of the private property;
``(2) prohibits the Secretary from providing land management
guidance or requirements relating to private property as a
condition of a grant provided to the owner of the private property
under this chapter; or
``(3) shall be construed as creating any new regulatory burden
on any Federal, State, Tribal, or private entity.''.
(b) Clerical Amendment.--The table of chapters for title 54, United
States Code, is amended by inserting after the item relating to chapter
3085 the following:
``3086. United States African-American Burial Grounds
Preservation Program...........................................308601''.
SEC. 644. NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT EDUCATION
GRANTS.
Public Law 109-441 (120 Stat. 3289) is amended--
(1) in section 2, by adding at the end the following:
``(4) Japanese american confinement education grants.--The term
`Japanese American Confinement Education Grants' means competitive
grants, awarded through the Japanese American Confinement Sites
Program, for Japanese American organizations to educate
individuals, including through the use of digital resources, in the
United States on the historical importance of Japanese American
confinement during World War II, so that present and future
generations may learn from Japanese American confinement and the
commitment of the United States to equal justice under the law.
``(5) Japanese american organization.--The term `Japanese
American organization' means a private nonprofit organization
within the United States established to promote the understanding
and appreciation of the ethnic and cultural diversity of the United
States by illustrating the Japanese American experience throughout
the history of the United States.''; and
(2) in section 4--
(A) by inserting ``(a) In General.--'' before ``There are
authorized'';
(B) by striking ``$38,000 ,000'' and inserting
``$80,000,000''; and
(C) by adding at the end the following:
``(b) Japanese American Confinement Education Grants.--
``(1) In general.--Of the amounts made available under this
section, not more than $10,000,000 shall be awarded as Japanese
American Confinement Education Grants to Japanese American
organizations. Such competitive grants shall be in an amount not
less than $750,000 and the Secretary shall give priority
consideration to Japanese American organizations with fewer than
100 employees.
``(2) Matching requirement.--
``(A) Fifty percent.--Except as provided in subparagraph
(B), for funds awarded under this subsection, the Secretary
shall require a 50 percent match with non-Federal assets from
non-Federal sources, which may include cash or durable goods
and materials fairly valued, as determined by the Secretary.
``(B) Waiver.--The Secretary may waive all or part of the
matching requirement under subparagraph (A), if the Secretary
determines that--
``(i) no reasonable means are available through which
an applicant can meet the matching requirement; and
``(ii) the probable benefit of the project funded
outweighs the public interest in the matching
requirement.''.
SEC. 645. JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.
(a) Establishment.--The Secretary shall establish, within the
National Park Service, a program to be known as the ``Japanese American
World War II History Network'' (referred to in this section as the
``Network'').
(b) Duties of Secretary.--In carrying out the Network, the
Secretary shall--
(1) review studies and reports to complement and not duplicate
studies of Japanese American World War II history and Japanese
American experiences during World War II, including studies related
to relocation centers and confinement sites, that are underway or
completed;
(2) produce and disseminate appropriate educational materials,
such as handbooks, maps, interpretive guides, or electronic
information relating to Japanese American World War II history and
Japanese American experiences during the war, including relocation
centers and confinement sites;
(3) enter into appropriate cooperative agreements and memoranda
of understanding to provide technical assistance under subsection
(d); and
(4)(A) create and adopt an official, uniform symbol or device
for the Network; and
(B) issue regulations for the use of the symbol or device
adopted under subparagraph (A).
(c) Elements.--The Network shall encompass the following elements:
(1) All units and programs of the National Park Service that
are determined by the Secretary to relate to Japanese American
World War II history and Japanese American experiences during the
war, including relocation centers and confinement sites.
(2) With the consent of the property owner, other Federal,
State, local, Tribal, and privately owned properties that--
(A) relate to Japanese American World War II history and
Japanese experiences during the war, including relocation
centers and confinement sites;
(B) have a verifiable connection to Japanese American World
War II history and Japanese experiences during the war,
including relocation and confinement sites; and
(C) are included in, or determined by the Secretary to be
eligible for inclusion in, the National Register of Historic
Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature that
are directly related to Japanese American World War II history and
the experiences of Japanese Americans during the war, including
relocation centers and confinement sites.
(d) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this section and to ensure effective
coordination of the Federal and non-Federal elements of the Network
described in subsection (c) with units of the National Park System and
programs of the National Park Service, including the Japanese American
Confinement Sites Program, the Secretary may enter into cooperative
agreements and memoranda of understanding with, and provide technical
assistance to, the heads of other Federal agencies, States, units of
local government, Indian Tribes, regional governmental bodies, and
private entities.
(e) Sunset.--The authority of the Secretary under this section
shall expire 7 years after the date of enactment of this Act.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK
FOUNDATION.
Section 101122(a) of title 54, United States Code, is amended--
(1) by striking ``$5,000,000'' and inserting ``$15,000,000'';
and
(2) by striking ``2023'' and inserting ``2030''.
TITLE VII--COMMEMORATIVE WORKS AND NATIONAL MEMORIALS
SEC. 701. DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST
MEMORIAL AS A NATIONAL MEMORIAL.
(a) Congressional Recognition.--Congress--
(1) recognizes the significance of the Kol Israel Foundation
Holocaust Memorial in preserving the memory of the 6,000,000 Jews
murdered by the Nazi regime and allies and collaborators of the
Nazi regime; and
(2) honors the life and legacy of the Holocaust survivors who
erected the Kol Israel Foundation Holocaust Memorial.
(b) Designation.--
(1) In general.--The Kol Israel Foundation Holocaust Memorial
located in Bedford Heights, Ohio, is designated as a national
memorial.
(2) Effect of designation.--
(A) In general.--The national memorial designated by
paragraph (1) is not a unit of the National Park System.
(B) Use of federal funds.--The designation of the national
memorial by paragraph (1) shall not require or permit Federal
funds to be expended for any purpose relating to the national
memorial.
SEC. 702. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE COMMITMENT AND SERVICE REPRESENTED BY WOMEN WHO
WORKED ON THE HOME FRONT DURING WORLD WAR II.
(a) In General.--The Women Who Worked on the Home Front Foundation
may establish a commemorative work on Federal land in the District of
Columbia and its environs to commemorate the commitment and service
represented by women who worked on the home front during World War II.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under this
section.
(2) Responsibility of women who worked on the home front
foundation.--The Women Who Worked on the Home Front Foundation
shall be solely responsible for acceptance of contributions for,
and payment of the expenses of, the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there remains
a balance of funds received for the establishment of the
commemorative work, the Women Who Worked on the Home Front
Foundation shall transmit the amount of the balance to the
Secretary for deposit in the account provided for in section
8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of title
40, United States Code, there remains a balance of funds received
for the establishment of the commemorative work, the Women Who
Worked on the Home Front Foundation shall transmit the amount of
the balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary or Administrator of
General Services, as appropriate, in accordance with the process
provided in paragraph (4) of section 8906(b) of that title for
accounts established under paragraph (2) or (3) of that section.
SEC. 703. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL
LIBERTY MEMORIAL COMMEMORATIVE WORK.
Notwithstanding section 8903(e) of title 40, United States Code,
the authority provided by section 2860 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law 112-
239; 126 Stat. 2164; 40 U.S.C. 8903 note) shall continue to apply
through September 30, 2027.
SEC. 704. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE HEROIC DEEDS AND SACRIFICES OF SERVICE ANIMALS
AND HANDLERS OF SERVICE ANIMALS IN THE UNITED STATE.
(a) In General.--The National Service Animals Monument Corporation
(referred to in this section as the ``Corporation'') may establish a
commemorative work on Federal land in the District of Columbia and its
environs to commemorate the heroic deeds and sacrifices of service
animals and handlers of service animals in the United States.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under this
section.
(2) Responsibility of the national service animals monument
corporation.--The Corporation shall be solely responsible for the
acceptance of contributions for, and payment of the expenses of,
the establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there remains
a balance of funds received for the establishment of the
commemorative work, the Corporation shall transmit the amount of
the balance to the Secretary for deposit in the account provided
for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of title
40, United States Code, there remains a balance of funds received
for the establishment of the commemorative work under this section,
the Corporation shall transmit the amount of the balance to a
separate account with the National Park Foundation for memorials,
to be available to the Secretary or the Administrator of General
Services, as appropriate, in accordance with the process provided
in paragraph (4) of section 8906(b) of that title for accounts
established under paragraph (2) or (3) of that section.
SEC. 705. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO HONOR
JEAN MONNET.
(a) In General.--The Embassy of France in Washington, DC (referred
to in this section as the ``Embassy''), may establish a commemorative
work on Federal land in the District of Columbia and its environs to
honor the extraordinary contributions of Jean Monnet with respect to--
(1) restoring peace between European nations; and
(2) establishing the European Union.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under this
section.
(2) Responsibility of the embassy of france in washington,
dc.--The Embassy shall be solely responsible for the acceptance of
contributions for, and payment of the expenses of, the
establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there remains
a balance of funds received for the establishment of the
commemorative work, the Embassy shall transmit the amount of the
balance to the Secretary for deposit in the account provided for in
section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of title
40, United States Code, there remains a balance of funds received
for the establishment of the commemorative work, the Embassy shall
transmit the amount of the balance to a separate account with the
National Park Foundation for memorials, to be available to the
Secretary or the Administrator of General Services, as appropriate,
in accordance with the process provided in paragraph (4) of section
8906(b) of that title for accounts established under paragraph (2)
or (3) of that section.
SEC. 706. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL
MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta Drive,
El Paso, Texas, is designated as the ``El Paso Community Healing Garden
National Memorial''.
(b) Effect of Designation.--The national memorial designated by
this section is not a unit of the National Park System and the
designation of the El Paso Community Healing Garden National Memorial
shall not require or authorize Federal funds to be expended for any
purpose related to that national memorial.
SEC. 707. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE ENSLAVED INDIVIDUALS WHO ENDURED THE MIDDLE
PASSAGE.
(a) In General.--The Georgetown African American Historic Landmark
Project and Tour may establish a commemorative work on Federal land in
the District of Columbia and its environs to commemorate the enslaved
individuals, the identities of whom may be known or unknown, who
endured the Middle Passage.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under this
section.
(2) Responsibility of the georgetown african american historic
landmark project and tour.--The Georgetown African American
Historic Landmark Project and Tour shall be solely responsible for
the acceptance of contributions for, and payment of the expenses
of, the establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there remains
a balance of funds received for the establishment of the
commemorative work, the Georgetown African American Historic
Landmark Project and Tour shall transmit the amount of the balance
to the Secretary for deposit in the account provided for section
8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of title
40, United States Code, there remains a balance of funds received
for the establishment of the commemorative work, the Georgetown
African American Historic Landmark Project and Tour shall transmit
the amount of the balance to a separate account with the National
Park Foundation for memorials, to be available to the Secretary or
the Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of section
8906(b) of that title for accounts established under paragraph (2)
or (3) of that section.
SEC. 708. APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO HONOR
JOURNALISTS WHO SACRIFICED THEIR LIVES IN SERVICE TO A FREE
PRESS.
The location of a commemorative work to commemorate the commitment
of the United States to a free press by honoring journalists who
sacrificed their lives in service to that cause within Area I, as
depicted on the map entitled ``Commemorative Areas Washington, DC and
Environs'', numbered 869/86501 B, and dated June 24, 2003, is approved.
SEC. 709. AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK.
(a) In General.--The Thomas Paine Memorial Association may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor the United States patriot, Thomas
Paine.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--Federal funds may not
be used to pay any expense of the establishment of the commemorative
work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there remains
a balance of funds received for the establishment of the
commemorative work, the Thomas Paine Memorial Association shall
transmit the amount of the balance to the Secretary for deposit in
the account provided for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of title
40, United States Code, there remains a balance of funds received
for the establishment of the commemorative work, the Thomas Paine
Memorial Association shall transmit the amount of the balance to a
separate account with the National Park Foundation for memorials,
to be available to the Secretary or the Administrator of General
Services, as appropriate, in accordance with the process provided
in paragraph (4) of section 8906(b) of that title for accounts
established under paragraphs (2) and (3) of that section.
SEC. 710. DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.
(a) Designation.--
(1) In general.--The area described in paragraph (2) shall be
designated as ``Ukrainian Independence Park''.
(2) Description of area.--The area designated under paragraph
(1) is the approximately 0.35 acres generally depicted as
``Ukrainian Independence Park'' on the map entitled ``Ukrainian
Independence Park Proposed Boundary'', numbered 802/180,561, and
dated June 2022.
(b) Reference.--Any reference in any law, regulation, document,
record, map, paper, or other record of the United States to the area or
properties described in subsection (a) is deemed to be a reference to
``Ukrainian Independence Park''.
(c) Signage.--The Secretary may post signs on or near Ukrainian
Independence Park that include information on the importance of the
independence, freedom, and sovereignty of Ukraine and the solidarity
between the people of Ukraine and the United States.
TITLE VIII--MISCELLANEOUS
SEC. 801. LONG-TERM ABANDONED MINE LAND RECLAMATION.
Section 40701(c) of the Infrastructure Investment and Jobs Act (30
U.S.C. 1231a(c)) is amended--
(1) by striking ``Grants under'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), grants
under''; and
(2) by adding at the end the following:
``(2) Long-term abandoned mine land reclamation.--
``(A) In general.--Not more than 30 percent of the total
amount of a grant made annually under subsection (b)(1) may be
retained by the recipient of the grant if those amounts are
deposited into a long-term abandoned mine land reclamation fund
established under State law, from which amounts (together with
all interest earned on the amounts) are expended by the State
or Indian Tribe, as applicable, for--
``(i) the abatement of the causes and the treatment of
the effects of acid mine drainage resulting from coal
mining practices, including for the costs of building,
operating, maintaining, and rehabilitating acid mine
drainage treatment systems;
``(ii) the prevention, abatement, and control of
subsidence; or
``(iii) the prevention, abatement, and control of coal
mine fires.
``(B) Reporting requirements.--Each recipient of a grant
under subsection (b)(1) that deposits grant amounts into a
long-term abandoned mine land reclamation fund under
subparagraph (A) shall--
``(i) offer amendments to the inventory maintained
under section 403(c) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(c)) to reflect the
use of the amounts for--
``(I) acid mine drainage abatement and treatment;
``(II) subsidence prevention, abatement, and
control; and
``(III) coal mine fire prevention, abatement, and
control; and
``(ii) include in the annual grant report of the
recipient information on the status and balance of amounts
in the long-term abandoned mine land reclamation fund.
``(C) Term.--Amounts retained under subparagraph (A) shall
not be subject to--
``(i) subsection (d)(4)(B); or
``(ii) any other limitation on the length of the term
of an annual grant under subsection (b)(1).''.
SEC. 802. CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF
THE STATE OF NEW MEXICO.
Congress consents to the amendment to the Constitution of the State
of New Mexico proposed by House Joint Resolution 1 of the 55th
Legislature of the State of New Mexico, First Session, 2021, entitled
``A Joint Resolution Proposing an Amendment to Article 12, Section 7 of
the Constitution of New Mexico to Provide for Additional Annual
Distributions of the Permanent School Fund for Enhanced Instruction for
Students at Risk of Failure, Extending the School Year, Teacher
Compensation and Early Childhood Education; Requiring Congressional
Approval for Distributions for Early Childhood Education''.
DIVISION EE--POST OFFICE DESIGNATIONS
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 117. CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.
Section 1 of Public Law 116-80 is amended to read as follows:
``SEC. 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'.''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 125. U.S. SENATOR DENNIS CHAVEZ 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 Chavez 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 Chavez Post Office''.
DIVISION FF--HEALTH AND HUMAN SERVICES
SEC. 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''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION FF--HEALTH AND HUMAN SERVICES
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
Sec. 1001. Short title.
Subtitle A--Mental Health and Crisis Care Needs
Chapter 1--Crisis Care Services and 9-8-8 Implementation
Sec. 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
Disorders
Sec. 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 Legacy
Sec. 1131. Maintaining education and training on eating disorders.
Chapter 5--Community Mental Health Services Block Grant Reauthorization
Sec. 1141. Reauthorization of block grants for community mental health
services.
Chapter 6--Peer-Supported Mental Health Services
Sec. 1151. Peer-supported mental health services.
Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
Services
Chapter 1--Native Behavioral Health Resources
Sec. 1201. Behavioral health and substance use disorder resources for
Native Americans.
Chapter 2--Summer Barrow Prevention, Treatment, and Recovery
Sec. 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 Housing
Sec. 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 Grant
Sec. 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 Disorder
Sec. 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 Treatment
Sec. 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 Response
Sec. 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 Coverage
Chapter 1--Improving Uptake and Patient Access to Integrated Care
Services
Sec. 1301. Improving uptake and patient access to integrated care
services.
Chapter 2--Helping Enable Access to Lifesaving Services
Sec. 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
Plans
Sec. 1321. Eliminating the opt-out for nonfederal governmental health
plans.
Chapter 4--Mental Health and Substance Use Disorder Parity
Implementation
Sec. 1331. Grants to support mental health and substance use disorder
parity implementation.
Subtitle D--Children and Youth
Chapter 1--Supporting Children's Mental Health Care Access
Sec. 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 Children
Sec. 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 Reauthorization
Sec. 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 Health
Sec. 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 Provisions
Sec. 1501. Limitations on authority.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW
THREATS, AND PANDEMICS
Sec. 2001. Short title.
Subtitle A--Strengthening Federal and State Preparedness
Chapter 1--Federal Leadership and Accountability
Sec. 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 Readiness
Sec. 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 Capacity
Chapter 1--Improving Public Health Emergency Responses
Sec. 2201. Addressing factors related to improving health outcomes.
Chapter 2--Improving State, Local, and Tribal Public Health Data
Sec. 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 Workforce
Sec. 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 Response
Sec. 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 Discovery
Chapter 1--Fostering Research and Development and Improving Coordination
Sec. 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 Biosecurity
Sec. 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 Research
Sec. 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-Health
Sec. 2331. Advanced Research Projects Agency-Health.
Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
Medical Products
Sec. 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
Products
Chapter 1--Development and Review
Sec. 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 Shortages
Sec. 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 ADMINISTRATION
Sec. 3001. Short title.
Sec. 3002. Definition.
Subtitle A--Reauthorizations
Sec. 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 Biologics
Chapter 1--Research, Development, and Competition Improvements
Sec. 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 Improvements
Sec. 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 Devices
Sec. 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 Formula
Sec. 3401. Protecting infants and improving formula supply.
Subtitle E--Cosmetics
Sec. 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 Provisions
Chapter 1--Clinical Trial Diversity and Modernization
Sec. 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--Inspections
Sec. 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--Miscellaneous
Sec. 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 PROVISIONS
Subtitle A--Medicare Extenders
Sec. 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 Provisions
Sec. 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 Provisions
Sec. 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 Provisions
Sec. 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 Provisions
Sec. 4151. Extension of safe harbor for absence of deductible for
telehealth.
Subtitle F--Offsets
Sec. 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 PROVISIONS
Subtitle A--Territories
Sec. 5101. Medicaid adjustments for the territories.
Subtitle B--Medicaid and CHIP Coverage
Sec. 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 Health
Sec. 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 Requirements
Sec. 5131. Transitioning from Medicaid FMAP increase requirements.
Subtitle E--Medicaid Improvement Fund
Sec. 5141. Medicaid improvement fund.
TITLE VI--HUMAN SERVICES
Sec. 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.
TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Restoring Hope for Mental Health
and Well-Being Act of 2022''.
Subtitle A--Mental Health and Crisis Care Needs
CHAPTER 1--CRISIS CARE SERVICES AND 9-8-8 IMPLEMENTATION
SEC. 1101. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by inserting after section 501A (42 U.S.C. 290aa-0)
the following:
``SEC. 501B. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
``(a) In General.--The Secretary shall establish, within the
Substance Abuse and Mental Health Services Administration, an office to
coordinate work relating to behavioral health crisis care across the
operating divisions and agencies of the Department of Health and Human
Services, including the Substance Abuse and Mental Health Services
Administration, the Centers for Medicare & Medicaid Services, and the
Health Resources and Services Administration, and external
stakeholders.
``(b) Duty.--The office established under subsection (a) shall--
``(1) convene Federal, State, Tribal, local, and private
partners;
``(2) launch and manage Federal workgroups charged with making
recommendations regarding issues related to mental health and
substance use disorder crises, including with respect to health
care best practices, workforce development, health disparities,
data collection, technology, program oversight, public awareness,
and engagement; and
``(3) support technical assistance, data analysis, and
evaluation functions in order to assist States, localities,
Territories, Indian Tribes, and Tribal organizations in developing
crisis care systems and identifying best practices with the
objective of expanding the capacity of, and access to, local crisis
call centers, mobile crisis care, crisis stabilization, psychiatric
emergency services, and rapid post-crisis follow-up care provided
by--
``(A) the National Suicide Prevention and Mental Health
Crisis Hotline and Response System;
``(B) the Veterans Crisis Line;
``(C) community mental health centers (as defined in
section 1861(ff)(3)(B) of the Social Security Act);
``(D) certified community behavioral health clinics, as
described in section 223 of the Protecting Access to Medicare
Act of 2014; and
``(E) other community mental health and substance use
disorder providers.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1102. CRISIS RESPONSE CONTINUUM OF CARE.
(a) In General.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, shall facilitate the
identification and publication of best practices for a crisis response
continuum of care related to mental health and substance use disorders
for use by health care providers, crisis services administrators, and
crisis services providers in responding to individuals (including
children and adolescents) experiencing mental health crises, substance-
related crises, and crises arising from co-occurring disorders.
(b) Best Practices.--
(1) In general.--The best practices published under subsection
(a) shall, as appropriate, address best practices related to crisis
response services for the range of entities that furnish such
services, taking into consideration such services that--
(A) do not require prior authorization from an insurance
provider or group health plan nor a referral from a health care
provider prior to the delivery of services;
(B) provide for serving all individuals regardless of age
or ability to pay;
(C) provide for operating 24 hours a day, 7 days a week;
(D) provide for care and support through resources
described in paragraph (2)(A) until the individual has been
stabilized or transferred to the next level of crisis care; and
(E) address psychiatric stabilization, including for--
(i) individuals screened over the phone, text, and
chat; and
(ii) individuals stabilized on the scene by mobile
teams.
(2) Identification of functions.--The best practices published
under subsection (a) shall consider the functions of the range of
services in the crisis response continuum, including the following:
(A) Identification of resources for referral and enrollment
in continuing mental health, substance use, or other human
services relevant for the individual in crisis where necessary.
(B) A description of access and entry points to services
within the crisis response continuum.
(C) Identification, as appropriate and consistent with
State laws, of any protocols and agreements for the transfer
and receipt of individuals to and from other segments of the
crisis response continuum segments as needed, and from outside
referrals, including health care providers, first responders
(including law enforcement, paramedics, and firefighters),
education institutions, and community-based organizations.
(D) Description of the qualifications of the range of
crisis services staff, including roles for physicians, licensed
clinicians, case managers, and peers (in accordance with State
licensing requirements or requirements applicable to Tribal
health professionals).
(E) The convening of collaborative meetings of relevant
crisis response system partners, such as crisis response
service providers, first responders (including law enforcement,
paramedics, and firefighters), and community partners
(including the National Suicide Prevention Lifeline or 9-8-8
call centers, 9-1-1 public service answering points, and local
mental health and substance use disorder treatment providers),
operating in a common region for the discussion of case
management, best practices, and general performance
improvement.
(3) Service capacity and quality best practices.--The best
practices under subsection (a) may include recommendations on--
(A) the volume of services to meet population need;
(B) appropriate timely response; and
(C) capacity to meet the needs of different patient
populations that may experience a mental health or substance
use crisis, including children, families, and all age groups,
racial and ethnic minorities, veterans, individuals with co-
occurring mental health and substance use disorders,
individuals with disabilities, and individuals with chronic
illness.
(4) Implementation timeframe.--The Secretary shall--
(A) not later than 1 year after the date of enactment of
this section, publish and maintain the best practices required
by subsection (a); and
(B) after 3 years, facilitate the identification of any
updates to such best practices, as appropriate.
(5) Evaluations.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, an assessment of relevant programs
related to mental health and substance use disorder crises
authorized under title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) in order to assess the extent to which such
programs meet objectives and performance metrics, as determined by
the Secretary. Such evaluation may, as appropriate, include data
on--
(A) the type and variety of services provided when
responding to mental health and substance use-related crises;
(B) the impact on emergency department facility use and
length of stay, including for patients who require further
psychiatric care;
(C) the impact on access to crisis care centers and crisis
bed services;
(D) the impact on linkage to appropriate post-crisis care;
and
(E) the use of best practices and recommendations
identified under this section.
SEC. 1103. SUICIDE PREVENTION LIFELINE IMPROVEMENT.
(a) Suicide Prevention Lifeline.--
(1) Activities.--Section 520E-3(b) of the Public Health Service
Act (42 U.S.C. 290bb-36c(b)) is amended--
(A) in paragraph (1)--
(i) by inserting ``supporting and'' before
``coordinating''; and
(ii) by striking ``crisis intervention services'' and
inserting ``mental health crisis intervention services,
including appropriate follow-up services,'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) improving awareness of the program for suicide prevention
and mental health crisis intervention services, including by
conducting an awareness initiative and ongoing outreach to the
public; and
``(5) improving the collection and analysis of demographic
information, in a manner that protects personal privacy, consistent
with applicable Federal and State privacy laws, in order to
understand disparities in access to the program among individuals
who are seeking help.''.
(2) Plan.--Section 520E-3 of the Public Health Service Act (42
U.S.C. 290bb-36c) is further amended--
(A) by redesignating subsection (c) as subsection (f); and
(B) by inserting after subsection (b) the following:
``(c) Plan.--
``(1) In general.--For purposes of supporting the crisis
centers under subsection (b)(1) and maintaining the suicide
prevention hotline under subsection (b)(2), the Secretary shall
develop and implement a plan to ensure the provision of high-
quality services.
``(2) Contents.--The plan required by paragraph (1) shall
include the following:
``(A) Program evaluation, including performance measures to
assess progress toward the goals and objectives of the program
and to improve the responsiveness and performance of the
hotline, including at all backup call centers.
``(B) Requirements that crisis centers and backup centers
must meet--
``(i) to participate in the network under subsection
(b)(1); and
``(ii) to ensure that each telephone call and
applicable other communication received by the hotline,
including at backup call centers, is answered in a timely
manner, consistent with evidence-based guidance or other
guidance or best practices, as appropriate.
``(C) Specific recommendations and strategies for
implementing evidence-based practices, including with respect
to followup and communicating the availability of resources in
the community for individuals in need.
``(D) Criteria for carrying out periodic testing of the
hotline during each fiscal year, including at crisis centers
and backup centers, to identify and address any problems in a
timely manner.
``(3) Consultation.--In developing requirements under paragraph
(2)(B), the Secretary shall consult with State departments of
health, local governments, Indian Tribes, and Tribal organizations.
``(4) Initial plan; updates.--The Secretary shall--
``(A) not later than 1 year after the date of enactment of
the Restoring Hope for Mental Health and Well-Being Act of
2022, complete development of the initial plan under paragraph
(1) and make such plan publicly available; and
``(B) periodically thereafter, update such plan and make
the updated plan publicly available.''.
(3) Transmission of data to cdc and to assist state and local
agencies.--Section 520E-3 of the Public Health Service Act (42
U.S.C. 290bb-36c) is amended by inserting after subsection (c), as
added by paragraph (2), the following:
``(d) Improving Epidemiological Data.--The Secretary shall, as
appropriate, formalize and strengthen agreements between the Suicide
Prevention Lifeline program and the Centers for Disease Control and
Prevention with respect to the secure sharing of de-identified
epidemiological data. Such agreements shall include appropriate privacy
and security protections that meet the requirements of applicable
Federal law, at a minimum.
``(e) Data to Assist State and Local Suicide Prevention
Activities.--The Secretary shall ensure that the aggregated information
collected and any applicable analyses conducted under subsection
(b)(5), including from local call centers, as applicable, are made
available in a usable format to State and local agencies in order to
inform suicide prevention activities.''.
(4) Authorization of appropriations.--Subsection (f) of section
520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c), as
redesignated by paragraph (2), is amended to read as follows:
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $101,621,000 for each of fiscal
years 2023 through 2027.''.
(b) Pilot Program on Innovative Technologies.--
(1) In general.--The Secretary of Health and Human Services,
acting through the Assistant Secretary for Mental Health and
Substance Use, shall, as appropriate, carry out a pilot program to
research, analyze, and employ various technologies and platforms of
communication (including social media platforms, texting platforms,
and email platforms) for suicide prevention in addition to the
telephone and online chat service provided by the Suicide
Prevention Lifeline.
(2) Report.--Not later than 24 months after the date on which
the pilot program under paragraph (1) commences, the Secretary of
Health and Human Services, acting through the Assistant Secretary
for Mental Health and Substance Use, shall submit to the Congress a
report on the pilot program. With respect to each platform of
communication employed pursuant to the pilot program, the report
shall include--
(A) a full description of the program;
(B) the number of individuals served by the program;
(C) the average wait time for each individual to receive a
response;
(D) the cost of the program, including the cost per
individual served; and
(E) any other information the Secretary determines
appropriate.
(c) HHS Study and Report.--Not later than 2 years after the
Secretary of Health and Human Services completes development of the
plan under section 520E-3(c) of the Public Health Service Act, as added
by subsection (a)(2)(B), the Secretary shall--
(1) complete a study on--
(A) the implementation of such plan, including the progress
towards meeting the goals and objectives identified pursuant to
paragraph (2)(A) of such section 520E-3(c); and
(B) in consultation with the Director of the Centers for
Disease Control and Prevention, options to improve data
regarding usage of the Suicide Prevention Lifeline, such as
repeat calls, consistent with applicable Federal and State
privacy laws; and
(2) submit a report to Congress on the progress made on meeting
the goals and objectives identified pursuant to paragraph (2)(A) of
such section 520E-3(c) and recommendations on improving the
program, including improvements to enhance data collection and
usage.
(d) GAO Study and Report.--
(1) In general.--Not later than 2 years after the Secretary of
Health and Human Services begins implementation of the plan
required by section 520E-3(c) of the Public Health Service Act, as
added by subsection (a)(2)(B), the Comptroller General of the
United States shall--
(A) complete a study on the Suicide Prevention Lifeline;
and
(B) submit a report to the Congress on the results of such
study.
(2) Content.--The study required by paragraph (1) shall include
what is known about--
(A) the feasibility of routing calls to the Suicide
Prevention Lifeline to the nearest crisis center based on the
physical location of the contact;
(B) capacity of the Suicide Prevention Lifeline;
(C) State and regional variation with respect to access to
crisis centers described in section 520E-3(b)(1) of the Public
Health Service Act (42 U.S.C. 290bb-36c(b)(1)), including wait
times, answer times, hours of operation, and funding sources;
(D) the implementation of the plan under section 520E-3(c)
of the Public Health Service Act, as added by subsection
(a)(2)(B), including the progress toward meeting the goals and
objectives in such plan; and
(E) the capacity of the Suicide Prevention Lifeline to
handle calls from individuals with limited English proficiency.
(3) Recommendations.--The report required by paragraph (1)
shall include recommendations for improving the Suicide Prevention
Lifeline, including recommendations for administrative actions.
(e) Definition.--In this section, the term ``Suicide Prevention
Lifeline'' means the suicide prevention hotline maintained pursuant to
section 520E-3 of the Public Health Service Act (42 U.S.C. 290bb-36c).
CHAPTER 2--INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE
DISORDERS
SEC. 1111. SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND
SUBSTANCE USE DISORDERS.
(a) In General.--Section 317L-1 of the Public Health Service Act
(42 U.S.C. 247b-13a) is amended--
(1) in the section heading, by striking ``maternal depression''
and inserting ``maternal mental health and substance use
disorders''; and
(2) in subsection (a)--
(A) by inserting ``, Indian Tribes and Tribal organizations
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act)'' after ``States'';
and
(B) by striking ``for women who are pregnant, or who have
given birth within the preceding 12 months, for maternal
depression'' and inserting ``for women who are postpartum,
pregnant, or have given birth within the preceding 12 months,
for maternal mental health and substance use disorders''.
(b) Application.--Subsection (b) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``a State shall submit'' and inserting ``an
entity listed in subsection (a) shall submit''; and
(2) in paragraphs (1) and (2), by striking ``maternal
depression'' each place it appears and inserting ``maternal mental
health and substance use disorders''.
(c) Priority.--Subsection (c) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``may give priority to States proposing to
improve or enhance access to screening'' and inserting the
following: ``shall, as appropriate, give priority to entities
listed in subsection (a) that--
``(1) are proposing to create, improve, or enhance screening,
prevention, and treatment'';
(2) by striking ``maternal depression'' and inserting
``maternal mental health and substance use disorders'';
(3) by striking the period at the end of paragraph (1), as so
designated, and inserting a semicolon; and
(4) by inserting after such paragraph (1) the following:
``(2) are currently partnered with, or will partner with, one
or more community-based organizations to address maternal mental
health and substance use disorders;
``(3) are located in, or provide services under this section
in, an area with disproportionately high rates of maternal mental
health or substance use disorders or other related disparities; and
``(4) operate in a health professional shortage area designated
under section 332, including maternity care health professional
target areas.''.
(d) Use of Funds.--Subsection (d) of section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to health care
providers; and'' and inserting ``on maternal mental health and
substance use disorder screening, brief intervention, treatment
(as applicable for health care providers), and referrals for
treatment to health care providers in the primary care setting
and, as applicable, relevant health paraprofessionals;'';
(B) in subparagraph (B), by striking ``to health care
providers, including information on maternal depression
screening, treatment, and followup support services, and
linkages to community-based resources; and'' and inserting ``on
maternal mental health and substance use disorder screening,
brief intervention, treatment (as applicable for health care
providers) and referrals for treatment, follow-up support
services, and linkages to community-based resources to health
care providers in the primary care setting and, as applicable,
relevant health paraprofessionals; and''; and
(C) by adding at the end the following:
``(C) to the extent practicable and appropriate, enabling
health care providers (such as obstetrician-gynecologists,
nurse practitioners, nurse midwives, pediatricians,
psychiatrists, mental and other behavioral health care
providers, and adult primary care clinicians) to provide or
receive real-time psychiatric consultation (in-person or
remotely), including through the use of technology-enabled
collaborative learning and capacity building models (as defined
in section 330N), to aid in the treatment of pregnant and
postpartum women; and''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(C) in subparagraph (A), as so redesignated, by striking
``and'' at the end;
(D) in subparagraph (B), as so redesignated--
(i) by inserting ``, including'' before ``for rural
areas''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(E) by inserting after subparagraph (B), as so
redesignated, the following:
``(C) providing assistance to pregnant and postpartum women
to receive maternal mental health and substance use disorder
treatment, including patient consultation, care coordination,
and navigation for such treatment;
``(D) coordinating, as appropriate, with maternal and child
health programs of State, local, and Tribal governments,
including child psychiatric access programs;
``(E) conducting public outreach and awareness regarding
grants under subsection (a);
``(F) creating multistate consortia to carry out the
activities required or authorized under this subsection; and
``(G) training health care providers in the primary care
setting and relevant health paraprofessionals on trauma-
informed care, culturally and linguistically appropriate
services, and best practices related to training to improve the
provision of maternal mental health and substance use disorder
care for racial and ethnic minority populations and reduce
related disparities in the delivery of such care.''.
(e) Additional Provisions.--Section 317L-1 of the Public Health
Service Act (42 U.S.C. 247b-13a) is amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to grantees and entities listed in subsection (a) for
carrying out activities pursuant to this section.
``(f) Dissemination of Best Practices.--The Secretary, based on
evaluation of the activities funded pursuant to this section, shall
identify and disseminate evidence-based or evidence-informed practices
for screening, assessment, treatment, and referral to treatment
services for maternal mental health and substance use disorders,
including culturally and linguistically appropriate services, for women
during pregnancy and 12 months following pregnancy.
``(g) Matching Requirement.--The Federal share of the cost of the
activities for which a grant is made to an entity under subsection (a)
shall not exceed 90 percent of the total cost of such activities.''.
(f) Authorization of Appropriations.--Subsection (h) of section
317L-1 (42 U.S.C. 247b-13a) of the Public Health Service Act, as
redesignated by subsection (e), is amended--
(1) by striking ``$5,000,000'' and inserting ``$24,000,000'';
and
(2) by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1112. MATERNAL MENTAL HEALTH HOTLINE.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-7. MATERNAL MENTAL HEALTH HOTLINE.
``(a) In General.--The Secretary shall maintain, by grant or
contract, a national maternal mental health hotline to provide
emotional support, information, brief intervention, and mental health
and substance use disorder resources to pregnant and postpartum women
at risk of, or affected by, maternal mental health and substance use
disorders, and to their families or household members.
``(b) Requirements for Hotline.--The hotline under subsection (a)
shall--
``(1) be a 24/7 real-time hotline;
``(2) provide voice and text support;
``(3) be staffed by certified peer specialists, licensed health
care professionals, or licensed mental health professionals who are
trained on--
``(A) maternal mental health and substance use disorder
prevention, identification, and intervention; and
``(B) providing culturally and linguistically appropriate
support; and
``(4) provide maternal mental health and substance use disorder
assistance and referral services to meet the needs of underserved
populations, individuals with disabilities, and family and
household members of pregnant or postpartum women at risk of
experiencing maternal mental health and substance use disorders.
``(c) Additional Requirements.--In maintaining the hotline under
subsection (a), the Secretary shall--
``(1) consult with the Domestic Violence Hotline, National
Suicide Prevention Lifeline, and Veterans Crisis Line to ensure
that pregnant and postpartum women are connected in real-time to
the appropriate specialized hotline service, when applicable;
``(2) conduct a public awareness campaign for the hotline;
``(3) consult with Federal departments and agencies, including
the Substance Abuse and Mental Health Services Administration and
the Department of Veterans Affairs, to increase awareness regarding
the hotline; and
``(4) consult with appropriate State, local, and Tribal public
health officials, including officials who administer programs that
serve low-income pregnant and postpartum individuals.
``(d) Annual Report.--The Secretary shall submit an annual report
to the Congress on the hotline under subsection (a) and implementation
of this section, including--
``(1) an evaluation of the effectiveness of activities
conducted or supported under subsection (a);
``(2) a directory of entities or organizations to which staff
maintaining the hotline funded under this section may make
referrals; and
``(3) such additional information as the Secretary determines
appropriate.
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $10,000,000 for each of fiscal
years 2023 through 2027.''.
SEC. 1113. TASK FORCE ON MATERNAL MENTAL HEALTH.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services, for
purposes of identifying, evaluating, and making recommendations to
coordinate and improve Federal activities related to addressing
maternal mental health conditions, shall--
(1) establish a task force to be known as the Task Force on
Maternal Mental Health (in this section referred to as the ``Task
Force''); or
(2) incorporate the duties, public meetings, and reports
specified in subsections (c) through (f) into existing relevant
Federal committees or working groups, such as the Maternal Health
Interagency Policy Committee and the Maternal Health Working Group,
as appropriate.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of--
(A) the Federal members under paragraph (2); and
(B) the non-Federal members under paragraph (3).
(2) Federal members.--The Federal members of the Task Force
shall consist of the following heads of Federal departments and
agencies (or their designees):
(A) The Assistant Secretary for Health of the Department of
Health and Human Services and the Assistant Secretary for
Mental Health and Substance Use, who shall serve as co-chairs.
(B) The Assistant Secretary for Planning and Evaluation of
the Department of Health and Human Services.
(C) The Assistant Secretary of the Administration for
Children and Families.
(D) The Director of the Centers for Disease Control and
Prevention.
(E) The Administrator of the Centers for Medicare &
Medicaid Services.
(F) The Administrator of the Health Resources and Services
Administration.
(G) The Director of the Indian Health Service.
(H) Such other Federal departments and agencies as the
Secretary determines appropriate that serve individuals with
maternal mental health conditions.
(3) Non-federal members.--The non-Federal members of the Task
Force shall--
(A) compose not more than one-half, and not less than one-
third, of the total membership of the Task Force;
(B) be appointed by the Secretary; and
(C) include--
(i) representatives of professional medical societies,
professional nursing societies, and relevant health
paraprofessional societies with expertise in maternal or
mental health;
(ii) representatives of nonprofit organizations with
expertise in maternal or mental health;
(iii) relevant industry representatives; and
(iv) other representatives, as appropriate.
(4) Deadline for designating designees.--If the Assistant
Secretary for Health, the Assistant Secretary for Mental Health and
Substance Use, or the head of a Federal department or agency
serving as a member of the Task Force under paragraph (2), chooses
to be represented on the Task Force by a designee, the Assistant
Secretary for Health, the Assistant Secretary for Mental Health and
Substance Use, or department or agency head shall designate such
designee not later than 90 days after the date of the enactment of
this section.
(c) Duties.--The Task Force shall--
(1) prepare and regularly update a report that analyzes and
evaluates the state of maternal mental health programs at the
Federal level, and identifies best practices with respect to
maternal mental health (which may include co-occurring substance
use disorders), including--
(A) a set of evidence-based, evidence-informed, and
promising practices with respect to--
(i) prevention strategies for maternal mental health
conditions, including strategies and recommendations to
reduce racial, ethnic, geographic, and other health
disparities;
(ii) the identification, screening, diagnosis,
intervention, and treatment of maternal mental health
conditions and affected families;
(iii) the timely referral to supports, and
implementation of practices, that prevent and mitigate the
effects of a maternal mental health condition, including
strategies and recommendations to eliminate racial and
ethnic disparities that exist in maternal mental health;
and
(iv) community-based or multigenerational practices
that provide support related to maternal mental health
conditions, including support for affected families; and
(B) Federal and State programs and activities that support
prevention, screening, diagnosis, intervention, and treatment
of maternal mental health conditions;
(2) develop and regularly update a national strategy for
maternal mental health, taking into consideration the findings of
the report under paragraph (1), on how the Task Force and Federal
departments and agencies represented on the Task Force may
prioritize options for, and may improve coordination with respect
to, addressing maternal mental health conditions, including by--
(A) increasing prevention, screening, diagnosis,
intervention, treatment, and access to maternal mental health
care, including clinical and nonclinical care such as peer-
support and community health workers, through the public and
private sectors;
(B) providing support relating to the prevention,
screening, diagnosis, intervention, and treatment of maternal
mental health conditions, including families, as appropriate;
(C) reducing racial, ethnic, geographic, and other health
disparities related to prevention, diagnosis, intervention,
treatment, and access to maternal mental health care;
(D) identifying opportunities to modify, strengthen, and
better coordinate existing Federal infant and maternal health
programs in order to improve screening, diagnosis, research,
prevention, identification, intervention, and treatment with
respect to maternal mental health; and
(E) improving planning, coordination, and collaboration
across Federal departments, agencies, offices, and programs;
(3) solicit public comments, as appropriate, from stakeholders
for the report under paragraph (1) and the national strategy under
paragraph (2) in order to inform the activities and reports of the
Task Force; and
(4) consider the latest research related to maternal mental
health in developing the strategy, including, as applicable and
appropriate, data and information disaggregated by relevant
factors, such as race, ethnicity, geographical location, age,
socioeconomic level, and others, as appropriate.
(d) Meetings.--The Task Force shall--
(1) meet not less than two times each year; and
(2) convene public meetings, as appropriate, to fulfill its
duties under this section.
(e) Reports to Public and Federal Leaders.--The Task Force shall
make publicly available and submit to the heads of relevant Federal
departments and agencies, the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and other relevant congressional
committees, the following:
(1) Not later than 1 year after the first meeting of the Task
Force, an initial report under subsection (c)(1).
(2) Not later than 2 years after the first meeting of the Task
Force, an initial national strategy under subsection (c)(2).
(3) Each year thereafter--
(A) an updated report under subsection (c)(1);
(B) an updated national strategy under subsection (c)(2);
or
(C) if no update is made under subsection (c)(1) or (c)(2),
a report summarizing the activities of the Task Force.
(f) Reports to Governors.--Upon finalizing the initial national
strategy under subsection (c)(2), and upon making relevant updates to
such strategy, the Task Force shall submit a report to the Governors of
all States describing any opportunities for local- and State-level
partnerships identified under subsection (c)(2).
(g) Sunset.--The Task Force shall terminate on September 30, 2027.
(h) Nonduplication of Federal Efforts.--The Secretary may relieve
the Task Force, in carrying out subsections (c) through (f), from
responsibility for carrying out such activities as may be specified by
the Secretary as duplicative of other activities carried out by the
Department of Health and Human Services.
SEC. 1114. RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND POSTPARTUM
WOMEN PILOT PROGRAM REAUTHORIZATION.
Section 508(r) of the Public Health Service Act (42 U.S.C. 290bb-
1(r)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (5) and (6) as paragraphs (4)
and (5), respectively; and
(3) in paragraph (4)(B), as so redesignated--
(A) in the matter preceding clause (i), by striking ``The
Director'' and inserting ``Not later than September 30, 2026,
the Director''; and
(B) by striking ``the relevant committees of jurisdiction
of the House of Representatives and the Senate'' and inserting
``the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives''.
CHAPTER 3--REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS
SEC. 1121. INNOVATION FOR MENTAL HEALTH.
(a) National Mental Health and Substance Use Policy Laboratory.--
Section 501A of the Public Health Service Act (42 U.S.C. 290aa-0) is
amended--
(1) in subsection (e)(1), by striking ``Indian tribes or tribal
organizations'' and inserting ``Indian Tribes or Tribal
organizations'';
(2) by striking subsection (e)(3); and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2023 through 2027.''.
(b) GAO Study.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare a report on the work of the National Mental Health and
Substance Use Policy Laboratory established under section 501A of the
Public Health Service Act (42 U.S.C. 290aa-0), including--
(1) the extent to which such Laboratory is meeting its
responsibilities as set forth in such section 501A; and
(2) any recommendations for improvement, including methods to
expand the use of evidence-based practices across programs,
recommendations to improve program evaluations for effectiveness,
and dissemination of resources to stakeholders and the public.
(c) Interdepartmental Serious Mental Illness Coordinating
Committee.--
(1) In general.--Part A of title V of the Public Health Service
Act (42 U.S.C. 290aa et seq.), as amended by section 1101, is
further amended by inserting after section 501B, as added by such
section 1101, the following:
``SEC. 501C. INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS COORDINATING
COMMITTEE.
``(a) Establishment.--
``(1) In general.--The Secretary, or the designee of the
Secretary, shall establish a committee to be known as the
Interdepartmental Serious Mental Illness Coordinating Committee (in
this section referred to as the `Committee').
``(2) Federal advisory committee act.--Except as provided in
this section, the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.) shall apply to the Committee.
``(b) Meetings.--The Committee shall meet not fewer than 2 times
each year.
``(c) Responsibilities.--Not later than each of 1 year and 5 years
after the date of enactment of this section, the Committee shall submit
to Congress and any other relevant Federal department or agency a
report including--
``(1) a summary of advances in serious mental illness and
serious emotional disturbance research related to the prevention
of, diagnosis of, intervention in, and treatment and recovery of
serious mental illnesses, serious emotional disturbances, and
advances in access to services and support for adults with a
serious mental illness or children with a serious emotional
disturbance;
``(2) an evaluation of the effect Federal programs related to
serious mental illness have on public health, including outcomes
such as--
``(A) rates of suicide, suicide attempts, incidence and
prevalence of serious mental illnesses, serious emotional
disturbances, and substance use disorders, overdose, overdose
deaths, emergency hospitalizations, emergency department
boarding, preventable emergency department visits, interaction
with the criminal justice system, homelessness, and
unemployment;
``(B) increased rates of employment and enrollment in
educational and vocational programs;
``(C) quality of mental and substance use disorders
treatment services; or
``(D) any other criteria as may be determined by the
Secretary; and
``(3) specific recommendations for actions that agencies can
take to better coordinate the administration of mental health
services for adults with a serious mental illness or children with
a serious emotional disturbance.
``(d) Membership.--
``(1) Federal members.--The Committee shall be composed of the
following Federal representatives, or the designees of such
representatives--
``(A) the Secretary of Health and Human Services, who shall
serve as the Chair of the Committee;
``(B) the Assistant Secretary for Mental Health and
Substance Use;
``(C) the Attorney General;
``(D) the Secretary of Veterans Affairs;
``(E) the Secretary of Defense;
``(F) the Secretary of Housing and Urban Development;
``(G) the Secretary of Education;
``(H) the Secretary of Labor;
``(I) the Administrator of the Centers for Medicare &
Medicaid Services;
``(J) the Administrator of the Administration for Community
Living; and
``(K) the Commissioner of Social Security.
``(2) Non-federal members.--The Committee shall also include
not less than 14 non-Federal public members appointed by the
Secretary of Health and Human Services, of which--
``(A) at least 2 members shall be an individual who has
received treatment for a diagnosis of a serious mental illness;
``(B) at least 1 member shall be a parent or legal guardian
of an adult with a history of a serious mental illness or a
child with a history of a serious emotional disturbance;
``(C) at least 1 member shall be a representative of a
leading research, advocacy, or service organization for adults
with a serious mental illness;
``(D) at least 2 members shall be--
``(i) a licensed psychiatrist with experience in
treating serious mental illnesses;
``(ii) a licensed psychologist with experience in
treating serious mental illnesses or serious emotional
disturbances;
``(iii) a licensed clinical social worker with
experience treating serious mental illnesses or serious
emotional disturbances; or
``(iv) a licensed psychiatric nurse, nurse
practitioner, or physician assistant with experience in
treating serious mental illnesses or serious emotional
disturbances;
``(E) at least 1 member shall be a licensed mental health
professional with a specialty in treating children and
adolescents with a serious emotional disturbance;
``(F) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with minorities;
``(G) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with medically underserved populations;
``(H) at least 1 member shall be a State certified mental
health peer support specialist;
``(I) at least 1 member shall be a judge with experience in
adjudicating cases related to criminal justice or serious
mental illness;
``(J) at least 1 member shall be a law enforcement officer
or corrections officer with extensive experience in interfacing
with adults with a serious mental illness, children with a
serious emotional disturbance, or individuals in a mental
health crisis; and
``(K) at least 1 member shall have experience providing
services for homeless individuals and working with adults with
a serious mental illness, children with a serious emotional
disturbance, or individuals in a mental health crisis.
``(3) Terms.--A member of the Committee appointed under
paragraph (2) shall serve for a term of 3 years, and may be
reappointed for 1 or more additional 3-year terms. Any member
appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of such term. A member may serve after
the expiration of the member's term until a successor has been
appointed.
``(e) Working Groups.--In carrying out its functions, the Committee
may establish working groups. Such working groups shall be composed of
Committee members, or their designees, and may hold such meetings as
are necessary.
``(f) Sunset.--The Committee shall terminate on September 30,
2027.''.
(2) Conforming amendments.--
(A) Section 501(l)(2) of the Public Health Service Act (42
U.S.C. 290aa(l)(2)) is amended by striking ``section 6031 of
such Act'' and inserting ``section 501C''.
(B) The Helping Families in Mental Health Crisis Reform Act
of 2016 (Division B of Public Law 114-255) is amended--
(i) by repealing section 6031; and
(ii) by conforming the item relating to such section in
the table of contents in section 1(b) of Public Law 114-
255.
(d) Priority Mental Health Needs of Regional and National
Significance.--Section 520A of the Public Health Service Act (42 U.S.C.
290bb-32) is amended--
(1) in subsection (a), by striking ``Indian tribes or tribal
organizations'' and inserting ``Indian Tribes or Tribal
organizations''; and
(2) in subsection (f), by striking ``$394,550,000 for each of
fiscal years 2018 through 2022'' and inserting ``$599,036,000 for
each of fiscal years 2023 through 2027''.
SEC. 1122. CRISIS CARE COORDINATION.
(a) Strengthening Community Crisis Response Systems.--Section 520F
of the Public Health Service Act (42 U.S.C. 290bb-37) is amended to
read as follows:
``SEC. 520F. MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT PROGRAM.
``(a) In General.--The Secretary shall establish a pilot program
under which the Secretary will award competitive grants to States,
localities, territories, Indian Tribes, and Tribal organizations to
establish new, or enhance existing, mobile crisis response teams that
divert the response for mental health and substance use disorder crises
from law enforcement to mobile crisis teams, as described in subsection
(b).
``(b) Mobile Crisis Teams Described.--A mobile crisis team, for
purposes of this section, is a team of individuals--
``(1) that is available to respond to individuals in mental
health and substance use disorder crises and provide immediate
stabilization, referrals to community-based mental health and
substance use disorder services and supports, and triage to a
higher level of care if medically necessary;
``(2) which may include licensed counselors, clinical social
workers, physicians, paramedics, crisis workers, peer support
specialists, or other qualified individuals; and
``(3) which may provide support to divert mental health and
substance use disorder crisis calls from the 9-1-1 system to the 9-
8-8 system.
``(c) Priority.--In awarding grants under this section, the
Secretary shall prioritize applications which account for the specific
needs of the communities to be served, including children and families,
veterans, rural and underserved populations, and other groups at
increased risk of death from suicide or overdose.
``(d) Report.--
``(1) Initial report.--Not later than September 30, 2024, the
Secretary shall submit to Congress a report on steps taken by
States, localities, territories, Indian Tribes, and Tribal
organizations prior to the date of enactment of this section to
strengthen the partnerships among mental health providers,
substance use disorder treatment providers, primary care
physicians, mental health and substance use disorder crisis teams,
paramedics, law enforcement officers, and other first responders.
``(2) Progress reports.--Not later than one year after the date
on which the first grant is awarded to carry out this section, and
for each year thereafter, the Secretary shall submit to Congress a
report on the grants made during the year covered by the report,
which shall include--
``(A) impact data on the teams and people served by such
programs, including demographic information of individuals
served, volume, and types of service utilization;
``(B) outcomes of the number of linkages made to community-
based resources or short-term crisis receiving and
stabilization facilities, as applicable, and diversion from law
enforcement or hospital emergency department settings;
``(C) data consistent with the State block grant
requirements for continuous evaluation and quality improvement,
and other relevant data as determined by the Secretary;
``(D) identification and, where appropriate,
recommendations of best practices from States and localities
providing mobile crisis response and stabilization services for
youth and adults; and
``(E) identification of any opportunities for improvements
to the program established under this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2023 through 2027.''.
(b) Mental Health Awareness Training Grants.--
(1) In general.--Section 520J(b) of the Public Health Service
Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in paragraph (1), by striking ``Indian tribes, tribal
organizations'' and inserting ``Indian Tribes, Tribal
organizations'';
(B) in paragraph (4), by striking ``Indian tribe, tribal
organization'' and inserting ``Indian Tribe, Tribal
organization'';
(C) in paragraph (5)--
(i) by striking ``Indian tribe, tribal organization''
and inserting ``Indian Tribe, Tribal organization'';
(ii) in subparagraph (A), by striking ``and'' at the
end;
(iii) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) suicide intervention and prevention.'';
(D) in paragraph (6), by striking ``Indian tribe, tribal
organization'' and inserting ``Indian Tribe, Tribal
organization'';
(E) by redesignating paragraph (7) as paragraph (8);
(F) by inserting after paragraph (6) the following:
``(7) Technical assistance.--The Secretary may provide
technical assistance to grantees in carrying out this section,
which may include assistance with--
``(A) program evaluation and related activities, including
related data collection and reporting;
``(B) implementing and disseminating evidence-based
practices and programs; and
``(C) facilitating collaboration among grantees.''; and
(G) in paragraph (8), as so redesignated, by striking
``$14,693,000 for each of fiscal years 2018 through 2022'' and
inserting ``$24,963,000 for each of fiscal years 2023 through
2027''.
(2) Technical corrections.--Section 520J(b) of the Public
Health Service Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in the heading of paragraph (2), by striking
``Emergency Services Personnel'' and inserting ``Emergency
services personnel''; and
(B) in the heading of paragraph (3), by striking
``Distribution of Awards'' and inserting ``Distribution of
awards''.
(c) Adult Suicide Prevention.--Section 520L of the Public Health
Service Act (42 U.S.C. 290bb-43) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``individuals who are 25 years of age
or older'' and inserting ``adult individuals''; and
(ii) by inserting ``prevention'' after ``raise
awareness of suicide''; and
(B) in paragraph (2)--
(i) by striking ``Indian tribe'' each place it appears
and inserting ``Indian Tribe''; and
(ii) by striking ``tribal organization'' each place it
appears and inserting ``Tribal organization''; and
(C) by amending paragraph (3)(C) to read as follows:
``(C) Raising awareness of suicide prevention resources and
promoting help seeking among those at risk for suicide.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) identify best practices, as applicable, to improve the
identification, assessment, treatment, and timely transition, as
appropriate, to additional or follow-up care for individuals in
emergency departments who are at risk for suicide and enhance the
coordination of care for such individuals during and after
discharge, in support of activities under subsection (a).''; and
(3) in subsection (d), by striking ``$30,000,000 for the period
of fiscal years 2018 through 2022'' and inserting ``$30,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 1123. TREATMENT OF SERIOUS MENTAL ILLNESS.
(a) Assertive Community Treatment Grant Program.--
(1) Technical amendment.--Section 520M(b) of the Public Health
Service Act (42 U.S.C. 290bb-44(b)) is amended by striking ``Indian
tribe or tribal organization'' and inserting ``Indian Tribe or
Tribal organization''.
(2) Report to congress.--Section 520M(d)(1) of the Public
Health Service Act (42 U.S.C. 290bb-44(d)(1)) is amended--
(A) by striking ``not later than the end of fiscal year
2021'' and inserting ``not later than the end of fiscal year
2026''; and
(B) by striking ``appropriate congressional committees''
and inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives''.
(3) Authorization of appropriations.--Section 520M(e)(1) of the
Public Health Service Act (42 U.S.C. 290bb-44(d)(1)) is amended by
striking ``$5,000,000 for the period of fiscal years 2018 through
2022'' and inserting ``$9,000,000 for each of fiscal years 2023
through 2027''.
(b) Assisted Outpatient Treatment.--
(1) In general.--Section 224 of the Protecting Access to
Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa note) is
amended--
(A) in subsection (a), by striking ``4-year pilot'';
(B) in subsection (e), in the matter preceding paragraph
(1)--
(i) by striking ``each of fiscal years 2016, 2017,
2018, 2019, 2020, 2021, and 2022'' and inserting ``fiscal
year 2023, and biennially thereafter''; and
(ii) by striking ``appropriate congressional
committees'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives'';
(C) in subsection (e), by inserting after paragraph (4) the
following:
``(5) Demographic information regarding participation of those
served by the grant compared to demographic information in the
population of the grant recipient.''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``2015 through 2022''
and inserting ``2023 through 2027''; and
(ii) by amending paragraph (2) to read as follows:
``(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $22,000,000 for each of
fiscal years 2023 through 2027.''.
(2) GAO report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report examining the efficacy of
assisted outpatient treatment programs that received funding under
section 224 of the Protecting Access to Medicare Act of 2014
(Public Law 113- 93; 42 U.S.C. 290aa note) in improving health
outcomes and treatment adherence, reducing rates of incarceration,
and reducing rates of homelessness. Such report shall include--
(A) a comparison of health outcomes, treatment compliance,
program participant feedback, reduced rates of incarceration,
and reduced rates of homelessness as compared to other
evidence- and community-based outpatient treatment programs and
services, including information on geographic differences in
program efficacy, as applicable; and
(B) identification of best practices used, as applicable,
in the implementation of assisted outpatient treatment programs
to ensure program participants are receiving treatment in the
least restrictive environment that is clinically appropriate
consistent with Federal and State law, as applicable.
SEC. 1124. STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Assistant Secretary for Mental Health and
Substance Use, the Assistant Secretary for Planning and Evaluation, the
Attorney General of the United States, the Secretary of Labor, and the
Secretary of Housing and Urban Development, shall conduct a study on
the direct and indirect costs of serious mental illness with respect
to--
(1) nongovernmental entities; and
(2) the Federal Government and State, local, and Tribal
governments.
(b) Content.--The study under subsection (a) shall consider each of
the following:
(1) The costs to the health care system for health services,
including with respect to--
(A) office-based physician visits;
(B) residential and inpatient treatment programs;
(C) outpatient treatment programs;
(D) emergency department visits;
(E) crisis stabilization programs;
(F) home health care;
(G) skilled nursing and long-term care facilities;
(H) prescription drugs and digital therapeutics; and
(I) any other relevant health services.
(2) The costs of homelessness, including with respect to--
(A) homeless shelters;
(B) street outreach activities;
(C) crisis response center visits; and
(D) other supportive services.
(3) The costs of structured residential facilities and other
supportive housing for residential and custodial care services.
(4) The costs of law enforcement encounters and encounters with
the criminal justice system, including with respect to--
(A) encounters that do and do not result in an arrest;
(B) criminal and judicial proceedings;
(C) services provided by law enforcement and judicial staff
(including public defenders, prosecutors, and private
attorneys); and
(D) incarceration.
(5) The costs of serious mental illness on employment.
(6) With respect to family members and caregivers, the costs of
caring for an individual with a serious mental illness.
(7) Any other relevant costs for programs and services
administered by the Federal Government or State, Tribal, or local
governments.
(c) Data Disaggregation.--In conducting the study under subsection
(a), the Secretary of Health and Human Services shall (to the extent
feasible)--
(1) disaggregate data by--
(A) costs to nongovernmental entities, the Federal
Government, and State, local, and Tribal governments;
(B) types of serious mental illnesses and medical chronic
diseases common in patients with a serious mental illness; and
(C) demographic characteristics, including race, ethnicity,
sex, age (including pediatric subgroups), and other
characteristics determined by the Secretary; and
(2) include an estimate of--
(A) the total number of individuals with a serious mental
illness in the United States, including in traditional and
nontraditional housing; and
(B) the percentage of such individuals in--
(i) homeless shelters;
(ii) penal facilities, including Federal prisons, State
prisons, and county and municipal jails; and
(iii) nursing facilities.
(d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall--
(1) submit to the Congress a report containing the results of
the study conducted under this section; and
(2) make such report publicly available.
CHAPTER 4--ANNA WESTIN LEGACY
SEC. 1131. MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.
Subpart 3 of part B of title V of the Public Health Service Act
(42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the
following:
``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR EDUCATION
AND TRAINING ON EATING DISORDERS.
``(a) In General.--The Secretary, acting through the Assistant
Secretary, shall maintain, by competitive grant or contract, a Center
of Excellence for Eating Disorders (referred to in this section as the
`Center') to improve the identification of, interventions for, and
treatment of eating disorders in a manner that is developmentally,
culturally, and linguistically appropriate.
``(b) Subgrants and Subcontracts.--The Center shall coordinate and
implement the activities under subsection (c), in whole or in part,
which may include by awarding competitive subgrants or subcontracts--
``(1) across geographical regions; and
``(2) in a manner that is not duplicative.
``(c) Activities.--The Center--
``(1) shall--
``(A) provide training and technical assistance, including
for--
``(i) primary care and mental health providers to carry
out screening, brief intervention, and referral to
treatment for individuals experiencing, or at risk for,
eating disorders; and
``(ii) other paraprofessionals and relevant individuals
providing nonclinical community services to identify and
support individuals with, or at disproportionate risk for,
eating disorders;
``(B) facilitate the development of, and provide training
materials to, health care providers (including primary care and
mental health professionals) regarding the effective treatment
and ongoing support of individuals with eating disorders,
including children and marginalized populations at
disproportionate risk for eating disorders;
``(C) collaborate and coordinate, as appropriate, with
other centers of excellence, technical assistance centers, and
psychiatric consultation lines of the Substance Abuse and
Mental Health Services Administration and the Health Resources
and Services Administration regarding eating disorders;
``(D) coordinate with the Director of the Centers for
Disease Control and Prevention and the Administrator of the
Health Resources and Services Administration, and other Federal
agencies, as appropriate, to disseminate training to primary
care and mental health care providers; and
``(E) support other activities, as determined appropriate
by the Secretary; and
``(2) may--
``(A) support the integration of protocols pertaining to
screening, brief intervention, and referral to treatment for
individuals experiencing, or at risk for, eating disorders,
with health information technology systems;
``(B) develop and provide training materials to health care
providers, including primary care and mental health providers,
to provide screening, brief intervention, and referral to
treatment for members of the military and veterans
experiencing, or at risk for, eating disorders; and
``(C) consult, as appropriate, with the Secretary of
Defense and the Secretary of Veterans Affairs on prevention,
identification, intervention for, and treatment of eating
disorders.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 for each of fiscal
years 2023 through 2027.''.
CHAPTER 5--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION
SEC. 1141. REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH
SERVICES.
(a) Funding.--Section 1920(a) of the Public Health Service Act (42
U.S.C. 300x-9(a)) is amended by striking ``$532,571,000 for each of
fiscal years 2018 through 2022'' and inserting ``$857,571,000 for each
of fiscal years 2023 through 2027''.
(b) Set-Aside for Evidence-based Crisis Care Services.--Section
1920 of the Public Health Service Act (42 U.S.C. 300x-9) is amended by
adding at the end the following:
``(d) Crisis Care.--
``(1) In general.--Except as provided in paragraph (3), a State
shall expend at least 5 percent of the amount the State receives
pursuant to section 1911 for each fiscal year to support evidenced-
based programs that address the crisis care needs of individuals
with serious mental illnesses and children with serious emotional
disturbances, which may include individuals (including children and
adolescents) experiencing mental health crises demonstrating
serious mental illness or serious emotional disturbance, as
applicable.
``(2) Core elements.--At the discretion of the single State
agency responsible for the administration of the program of the
State under a grant under section 1911, funds expended pursuant to
paragraph (1) may be used to fund some or all of the core crisis
care service components, as applicable and appropriate, including
the following:
``(A) Crisis call centers.
``(B) 24/7 mobile crisis services.
``(C) Crisis stabilization programs offering acute care or
subacute care in a hospital or appropriately licensed facility,
as determined by such State, with referrals to inpatient or
outpatient care.
``(3) State flexibility.--In lieu of expending 5 percent of the
amount the State receives pursuant to section 1911 for a fiscal
year to support evidence-based programs as required by paragraph
(1), a State may elect to expend not less than 10 percent of such
amount to support such programs by the end of two consecutive
fiscal years.
``(4) Rule of construction.--Section 1912(b)(1)(A)(vi) shall
not be construed as limiting the provision of crisis care services
pursuant to paragraph (1).''.
(c) Report to Congress.--Not later than September 30, 2025, and
biennially thereafter, the Secretary shall provide a report to the
Congress on the crisis care strategies and programs pursued by States
pursuant to subsection (d) of section 1920 of the Public Health Service
Act (42 U.S.C. 300x-9), as added by subsection (b). Such report shall
include--
(1) a description of each State's crisis care activities;
(2) the population served, including information on
demographics, including age;
(3) the outcomes of such activities, including--
(A) how such activities reduced hospitalizations and
hospital stays;
(B) how such activities reduced incidents of suicidal
ideation and behaviors; and
(C) how such activities reduced the severity of onset of
serious mental illness and serious emotional disturbance, as
applicable; and
(4) any other relevant information the Secretary determines is
necessary.
CHAPTER 6--PEER-SUPPORTED MENTAL HEALTH SERVICES
SEC. 1151. PEER-SUPPORTED MENTAL HEALTH SERVICES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb--31 et seq.) is amended by inserting after section 520G
(42 U.S.C. 290bb--38) the following:
``SEC. 520H. PEER-SUPPORTED MENTAL HEALTH SERVICES.
``(a) Grants Authorized.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, shall award
grants to eligible entities to enable such entities to develop, expand,
and enhance access to mental health peer-delivered services.
``(b) Use of Funds.--Grants awarded under subsection (a) shall be
used to develop, expand, and enhance national, statewide, or community-
focused programs, including virtual peer-support services and
technology-related capabilities, including by--
``(1) carrying out workforce development, recruitment, and
retention activities, to train, recruit, and retain peer-support
providers;
``(2) building connections between mental health treatment
programs, including between community organizations and peer-
support networks, including virtual peer-support networks, and with
other mental health support services;
``(3) reducing stigma associated with mental health disorders;
``(4) expanding and improving virtual peer mental health
support services, including through the adoption of technologies
and capabilities to expand access to virtual peer mental health
support services, such as by acquiring equipment and software
necessary to efficiently run virtual peer-support services; and
``(5) conducting research on issues relating to mental illness
and the impact peer-support has on resiliency, including
identifying--
``(A) the signs of mental illness;
``(B) the resources available to individuals with mental
illness and to their families; and
``(C) the resources available to help support individuals
living with mental illness.
``(c) Special Consideration.--In carrying out this section, the
Secretary shall give special consideration to the unique needs of rural
areas.
``(d) Definition.--In this section, the term `eligible entity'
means--
``(1) a consumer-run nonprofit organization that--
``(A) is principally governed by people living with a
mental health condition; and
``(B) mobilizes resources within and outside of the mental
health community, which may include through peer-support
networks, to increase the prevalence and quality of long-term
wellness of individuals living with a mental health condition,
including those with a co-occurring substance use disorder; or
``(2) an Indian Tribe, Tribal organization, Urban Indian
organization, or consortium of Tribes or Tribal organizations.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $13,000,000 for each of fiscal
years 2023 through 2027.''.
Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
Services
CHAPTER 1--NATIVE BEHAVIORAL HEALTH RESOURCES
SEC. 1201. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR
NATIVE AMERICANS.
Section 506A of the Public Health Service Act (42 U.S.C. 290aa-5a)
is amended to read as follows:
``SEC. 506A. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR
NATIVE AMERICANS.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means any health program
administered directly by the Indian Health Service, a Tribal health
program, an Indian Tribe, a Tribal organization, an Urban Indian
organization, and a Native Hawaiian health organization.
``(2) The terms `Indian Tribe', `Tribal health program',
`Tribal organization', and `Urban Indian organization' have the
meanings given to the terms `Indian tribe', `Tribal health
program', `tribal organization', and `Urban Indian organization' in
section 4 of the Indian Health Care Improvement Act.
``(3) The term `health program administered directly by the
Indian Health Service' means a `health program administered by the
Service' as such term is used in section 4(12)(A) of the Indian
Health Care Improvement Act.
``(4) The term `Native Hawaiian health organization' means
`Papa Ola Lokahi' as defined in section 12 of the Native Hawaiian
Health Care Improvement Act.
``(b) Grant Program.--
``(1) In general.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, and in consultation
with the Director of the Indian Health Service, as appropriate,
shall award funds to eligible entities, in amounts developed in
accordance with paragraph (2), to be used by the eligible entity to
provide services for the prevention of, treatment of, and recovery
from mental health and substance use disorders among American
Indians, Alaska Natives, and Native Hawaiians.
``(2) Formula.--The Secretary, in consultation with the
Director of the Indian Health Service, using the process described
in subsection (d), shall develop a formula to determine the amount
of an award under paragraph (1).
``(3) Delivery of funds.--On request from an Indian Tribe or
Tribal organization, the Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use and in coordination
with the Director of the Indian Health Service, may award funds
under this section through a contract or compact under, as
applicable, title I or V of the Indian Self-Determination and
Education Assistance Act.
``(c) Technical Assistance and Program Evaluation.--
``(1) In general.--The Secretary shall--
``(A) provide technical assistance to applicants and
awardees under this section; and
``(B) in consultation with Indian Tribes and Tribal
organizations, conference with Urban Indian organizations, and
engagement with a Native Hawaiian health organization, identify
and establish appropriate mechanisms for Indian Tribes and
Tribal organizations, Urban Indian organizations, and a Native
Hawaiian health organization to demonstrate outcomes and report
data as required for participation in the program under this
section.
``(2) Data submission and reporting.--As a condition of receipt
of funds under this section, an applicant shall agree to submit
program evaluation data and reports consistent with the data
submission and reporting requirements developed under this
subsection.
``(d) Consultation.--The Secretary shall, using an accountable
process, consult with Indian Tribes and Tribal organizations, confer
with Urban Indian organizations, and engage with a Native Hawaiian
health organization regarding the development of funding allocations
pursuant to subsection (b)(2) and program evaluation and reporting
requirements pursuant to subsection (c). In establishing such
requirements, the Secretary shall seek to minimize administrative
burden for eligible entities, as practicable.
``(e) Application.--An entity desiring an award under subsection
(b) shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
reasonably require.
``(f) Report.--Not later than 3 years after the date of the
enactment of the Restoring Hope for Mental Health and Well-Being Act of
2022, the Secretary shall prepare and submit, to the Committee on
Health, Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, a report
describing the services provided pursuant to this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $80,000,000 for each of fiscal
years 2023 through 2027.''.
CHAPTER 2--SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY
SEC. 1211. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
Section 506(e) of the Public Health Service Act (42 U.S.C. 290aa-
5(e)) is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1212. PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL
AND NATIONAL SIGNIFICANCE.
Section 509 of the Public Health Service Act (42 U.S.C. 290bb-2) is
amended--
(1) in the section heading, by striking ``abuse'' and inserting
``use disorder'';
(2) in subsection (a)--
(A) by striking ``tribes and tribal organizations (as the
terms `Indian tribes' and `tribal organizations' are defined''
and inserting ``Tribes and Tribal organizations (as such terms
are defined''; and
(B) in paragraph (3), by striking ``in substance abuse''
and inserting ``in substance use disorders'';
(3) in subsection (b), in the subsection heading, by striking
``Abuse'' and inserting ``Use Disorder''; and
(4) in subsection (f), by striking ``$333,806,000 for each of
fiscal years 2018 through 2022'' and inserting ``$521,517,000 for
each of fiscal years 2023 through 2027''.
SEC. 1213. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND
INTERVENTIONS DEMONSTRATION.
Section 514B of the Public Health Service Act (42 U.S.C. 290bb-10)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``substance abuse'' and inserting
``substance use disorder'';
(B) by striking ``tribes and tribal organizations'' and
inserting ``Tribes and Tribal organizations''; and
(C) by striking ``addiction'' and inserting ``substance use
disorders'';
(2) in subsection (e)(3), by striking ``tribes and tribal
organizations'' and inserting ``Tribes and Tribal organizations'';
and
(3) in subsection (f), by striking ``2017 through 2021'' and
inserting ``2023 through 2027''.
SEC. 1214. PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF REGIONAL
AND NATIONAL SIGNIFICANCE.
Section 516 of the Public Health Service Act (42 U.S.C. 290bb-22)
is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``abuse'' and inserting
``use''; and
(B) in the matter following paragraph (3), by striking
``tribes or tribal organizations'' and inserting ``Tribes or
Tribal organizations'';
(2) in subsection (b), in the subsection heading, by striking
``Abuse'' and inserting ``Use Disorder''; and
(3) in subsection (f), by striking ``$211,148,000 for each of
fiscal years 2018 through 2022'' and inserting ``$218,219,000 for
each of fiscal years 2023 through 2027''.
SEC. 1215. SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING
REAUTHORIZATION.
Section 519B of the Public Health Service Act (42 U.S.C. 290bb-25b)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--For purposes of this section:
``(1) The term `alcohol beverage industry' means the brewers,
vintners, distillers, importers, distributors, and retail or online
outlets that sell or serve beer, wine, and distilled spirits.
``(2) The term `school-based prevention' means programs, which
are institutionalized, and run by staff members or school-
designated persons or organizations in any grade of school,
kindergarten through 12th grade.
``(3) The term `youth' means persons under the age of 21.'';
and
(2) by striking subsections (c) through (g) and inserting the
following:
``(c) Interagency Coordinating Committee; Annual Report on State
Underage Drinking Prevention and Enforcement Activities.--
``(1) Interagency coordinating committee on the prevention of
underage drinking.--
``(A) In general.--The Secretary, in collaboration with the
Federal officials specified in subparagraph (B), shall continue
to support and enhance the efforts of the interagency
coordinating committee, that began operating in 2004, focusing
on underage drinking (referred to in this subsection as the
`Committee').
``(B) Other agencies.--The officials referred to in
subparagraph (A) are the Secretary of Education, the Attorney
General, the Secretary of Transportation, the Secretary of the
Treasury, the Secretary of Defense, the Surgeon General, the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institute on Alcohol Abuse and
Alcoholism, the Assistant Secretary for Mental Health and
Substance Use, the Director of the National Institute on Drug
Abuse, the Assistant Secretary for Children and Families, the
Director of the Office of National Drug Control Policy, the
Administrator of the National Highway Traffic Safety
Administration, the Administrator of the Office of Juvenile
Justice and Delinquency Prevention, the Chairman of the Federal
Trade Commission, and such other Federal officials as the
Secretary of Health and Human Services determines to be
appropriate.
``(C) Chair.--The Secretary of Health and Human Services
shall serve as the chair of the Committee.
``(D) Duties.--The Committee shall guide policy and program
development across the Federal Government with respect to
underage drinking, provided, however, that nothing in this
section shall be construed as transferring regulatory or
program authority from an agency to the Committee.
``(E) Consultations.--The Committee shall actively seek the
input of and shall consult with all appropriate and interested
parties, including States, public health research and interest
groups, foundations, and alcohol beverage industry trade
associations and companies.
``(F) Annual report.--
``(i) In general.--The Secretary, on behalf of the
Committee, shall annually submit to the Congress a report
that summarizes--
``(I) all programs and policies of Federal agencies
designed to prevent and reduce underage drinking,
including such programs and policies that support State
efforts to prevent or reduce underage drinking;
``(II) the extent of progress in preventing and
reducing underage drinking at State and national
levels;
``(III) data that the Secretary shall collect with
respect to the information specified in clause (ii);
and
``(IV) such other information regarding underage
drinking as the Secretary determines to be appropriate.
``(ii) Certain information.--The report under clause
(i) shall include information on the following:
``(I) Patterns and consequences of underage
drinking as reported in research and surveys such as,
but not limited to, Monitoring the Future, Youth Risk
Behavior Surveillance System, the National Survey on
Drug Use and Health, and the Fatality Analysis
Reporting System.
``(II) Measures of the availability of alcohol from
commercial and non-commercial sources to underage
populations.
``(III) Measures of the exposure of underage
populations to messages regarding alcohol in
advertising, social media, and the entertainment media.
``(IV) Surveillance data, including, to the extent
such information is available, information on the onset
and prevalence of underage drinking, consumption
patterns and beverage preferences, trends related to
drinking among different age groups, including between
youth and adults, the means of underage access,
including trends over time, for these surveillance
data, and other data, as appropriate. The Secretary
shall develop a plan to improve the collection,
measurement, and consistency of reporting Federal
underage alcohol data.
``(V) Any additional findings resulting from
research conducted or supported under subsection (g).
``(VI) Evidence-based best practices to prevent and
reduce underage drinking and provide treatment services
to those youth who need such services.
``(2) Annual report on state underage drinking prevention and
enforcement activities.--
``(A) In general.--The Secretary shall, with input and
collaboration from other appropriate Federal agencies, States,
Indian Tribes, territories, and public health, consumer, and
alcohol beverage industry groups, annually issue a report on
each State's performance in enacting, enforcing, and creating
laws, regulations, programs, and other actions to prevent or
reduce underage drinking based on the best practices identified
pursuant to paragraph (1)(F)(ii)(VI). For purposes of this
paragraph, each such report, with respect to a year, shall be
referred to as the `State Report'. Each State Report may be
used as a resource to inform the identification and
implementation of activities to prevent underage drinking, as
determined to be appropriate by such State or other applicable
entity.
``(B) Contents.--
``(i) Performance measures.--The Secretary shall
develop, in consultation with the Committee, a set of
measures to be used in preparing the State Report on best
practices, including as they relate to State laws,
regulations, other actions, and enforcement practices.
``(ii) State report content.--The State Report shall
include updates on State laws, regulations, and other
actions, including those described in previous reports to
Congress, including with respect to the following:
``(I) Whether or not the State has comprehensive
anti-underage drinking laws such as for the illegal
sale, purchase, attempt to purchase, consumption, or
possession of alcohol; illegal use of fraudulent ID;
illegal furnishing or obtaining of alcohol for an
individual under 21 years; the degree of strictness of
the penalties for such offenses; and the prevalence of
the enforcement of each of these infractions.
``(II) Whether or not the State has comprehensive
liability statutes pertaining to underage access to
alcohol such as dram shop, social host, and house party
laws, and the prevalence of enforcement of each of
these laws.
``(III) Whether or not the State encourages and
conducts comprehensive enforcement efforts to prevent
underage access to alcohol at retail outlets, such as
random compliance checks and shoulder tap programs, and
the number of compliance checks within alcohol retail
outlets measured against the number of total alcohol
retail outlets in each State, and the result of such
checks.
``(IV) Whether or not the State encourages training
on the proper selling and serving of alcohol for all
sellers and servers of alcohol as a condition of
employment.
``(V) Whether or not the State has policies and
regulations with regard to direct sales to consumers
and home delivery of alcoholic beverages.
``(VI) Whether or not the State has programs or
laws to deter adults from purchasing alcohol for
minors; and the number of adults targeted by these
programs.
``(VII) Whether or not the State has enacted
graduated drivers licenses and the extent of those
provisions.
``(VIII) Whether or not the State has adopted any
other policies consistent with evidence-based practices
related to the prevention of underage alcohol use,
which may include any such practices described in
relevant reports issued by the Surgeon General and
practices related to youth exposure to alcohol-related
products and information.
``(IX) A description of the degree to which the
practices of local jurisdictions within the State vary
from one another.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $1,000,000 for each of
fiscal years 2023 through 2027.
``(d) National Media Campaign To Prevent Underage Drinking.--
``(1) In general.--The Secretary, in consultation with the
National Highway Traffic Safety Administration, shall develop or
continue an intensive, multifaceted national media campaign aimed
at adults to reduce underage drinking.
``(2) Purpose.--The purpose of the national media campaign
described in this section shall be to achieve the following
objectives:
``(A) Promote community awareness of, and a commitment to,
reducing underage drinking.
``(B) Encourage activities, including activities carried
out by adults, that inhibit the illegal use of alcohol by
youth.
``(C) Discourage activities, including activities carried
out by adults, that promote the illegal use of alcohol by
youth.
``(3) Components.--When implementing the national media
campaign described in this section, the Secretary shall--
``(A) educate the public about the public health and safety
benefits of evidence-based strategies to reduce underage
drinking, including existing laws related to the minimum legal
drinking age, and engage the public and parents in the
implementation of such strategies;
``(B) educate the public about the negative consequences of
underage drinking;
``(C) identify specific actions by adults to discourage or
inhibit underage drinking;
``(D) discourage adult conduct that tends to facilitate
underage drinking;
``(E) establish collaborative relationships with local and
national organizations and institutions to further the goals of
the campaign and assure that the messages of the campaign are
disseminated from a variety of sources;
``(F) conduct the campaign through multi-media sources; and
``(G) take into consideration demographics and other
relevant factors to most effectively reach target audiences.
``(4) Consultation requirement.--In developing and implementing
the national media campaign described in this section, the
Secretary shall review recommendations for reducing underage
drinking, including those published by the National Academies of
Sciences, Engineering, and Medicine and the Surgeon General. The
Secretary shall also consult with interested parties including the
alcohol beverage industry, medical, public health, and consumer and
parent groups, law enforcement, institutions of higher education,
community-based organizations and coalitions, and other relevant
stakeholders.
``(5) Annual report.--The Secretary shall produce an annual
report on the progress of the development or implementation of the
media campaign described in this subsection, including expenses and
projected costs, and, as such information is available, report on
the effectiveness of such campaign in affecting adult attitudes
toward underage drinking and adult willingness to take actions to
decrease underage drinking.
``(6) Research on youth-oriented campaign.--The Secretary may,
based on the availability of funds, conduct or support research on
the potential success of a youth-oriented national media campaign
to reduce underage drinking. The Secretary shall report to Congress
any such results and any related recommendations.
``(7) Administration.--The Secretary may enter into an
agreement with another Federal agency to delegate the authority for
execution and administration of the adult-oriented national media
campaign.
``(8) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $2,500,000 for each of
fiscal years 2023 through 2027.
``(e) Community-Based Coalition Enhancement Grants To Prevent
Underage Drinking.--
``(1) Authorization of program.--The Assistant Secretary for
Mental Health and Substance Use, in consultation with the Director
of the Office of National Drug Control Policy, shall award
enhancement grants to eligible entities to design, implement,
evaluate, and disseminate comprehensive strategies to maximize the
effectiveness of community-wide approaches to preventing and
reducing underage drinking. This subsection is subject to the
availability of appropriations.
``(2) Purposes.--The purposes of this subsection are to--
``(A) prevent and reduce alcohol use among youth in
communities throughout the United States;
``(B) strengthen collaboration among communities, the
Federal Government, Tribal Governments, and State and local
governments;
``(C) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
``(D) serve as a catalyst for increased citizen
participation and greater collaboration among all sectors and
organizations of a community that first demonstrates a long-
term commitment to reducing alcohol use among youth;
``(E) implement evidence-based strategies to prevent and
reduce underage drinking in communities; and
``(F) enhance, not supplant, effective local community
initiatives for preventing and reducing alcohol use among
youth.
``(3) Application.--An eligible entity desiring an enhancement
grant under this subsection shall submit an application to the
Assistant Secretary at such time, and in such manner, and
accompanied by such information and assurances, as the Assistant
Secretary may require. Each application shall include--
``(A) a complete description of the entity's current
underage alcohol use prevention initiatives and how the grant
will appropriately enhance the focus on underage drinking
issues; or
``(B) a complete description of the entity's current
initiatives, and how it will use the grant to enhance those
initiatives by adding a focus on underage drinking prevention.
``(4) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds to carry out
the activities described in such entity's application submitted
pursuant to paragraph (3) and obtain specialized training and
technical assistance by the entity funded under section 4 of Public
Law 107-82, as amended (21 U.S.C. 1521 note). Grants under this
subsection shall not exceed $60,000 per year and may not exceed
four years.
``(5) Supplement not supplant.--Grant funds provided under this
subsection shall be used to supplement, not supplant, Federal and
non-Federal funds available for carrying out the activities
described in this subsection.
``(6) Evaluation.--Grants under this subsection shall be
subject to the same evaluation requirements and procedures as the
evaluation requirements and procedures imposed on recipients of
drug-free community grants.
``(7) Definitions.--For purposes of this subsection, the term
`eligible entity' means an organization that is currently receiving
or has received grant funds under the Drug-Free Communities Act of
1997.
``(8) Administrative expenses.--Not more than 6 percent of a
grant under this subsection may be expended for administrative
expenses.
``(9) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $11,500,000 for each
of fiscal years 2023 through 2027.
``(f) Grants to Organizations Representing Pediatric Providers and
Other Related Health Professionals To Reduce Underage Drinking Through
Screening and Brief Interventions.--
``(1) In general.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, shall make awards to
one or more entities representing pediatric providers and other
related health professionals with demonstrated ability to increase
among the members of such entities effective practices to reduce
the prevalence of alcohol use among individuals under the age of
21, including college students.
``(2) Purposes.--Grants under this subsection shall be made to
improve--
``(A) screening adolescents for alcohol use;
``(B) offering brief interventions to adolescents to
discourage such use;
``(C) educating parents about the dangers of and methods of
discouraging such use;
``(D) diagnosing and treating alcohol use disorders; and
``(E) referring patients, when necessary, to other
appropriate care.
``(3) Use of funds.--An entity receiving a grant under this
section may use the grant funding to promote the practices
specified in paragraph (2) among its members by--
``(A) providing training to health care providers;
``(B) disseminating best practices, including culturally
and linguistically appropriate best practices, and developing
and distributing materials; and
``(C) supporting other activities as determined appropriate
by the Assistant Secretary.
``(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, and in such manner, and
accompanied by such information and assurances as the Secretary may
require. Each application shall include--
``(A) a description of the entity;
``(B) a description of the activities to be completed that
will promote the practices specified in paragraph (2);
``(C) a description of the entity's qualifications for
performing such activities; and
``(D) a timeline for the completion of such activities.
``(5) Definitions.--For the purpose of this subsection:
``(A) Brief intervention.--The term `brief intervention'
means, after screening a patient, providing the patient with
brief advice and other brief motivational enhancement
techniques designed to increase the insight of the patient
regarding the patient's alcohol use, and any realized or
potential consequences of such use to effect the desired
related behavioral change.
``(B) Screening.--The term `screening' means using
validated patient interview techniques to identify and assess
the existence and extent of alcohol use in a patient.
``(6) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $3,000,000 for each of
fiscal years 2023 through 2027.
``(g) Data Collection and Research.--
``(1) Additional research on underage drinking.--
``(A) In general.--The Secretary shall, subject to the
availability of appropriations, support the collection of data,
and conduct or support research that is not duplicative of
research currently being conducted or supported by the
Department of Health and Human Services, on underage drinking,
with respect to the following:
``(i) The evaluation, which may include through the
development of relevant capabilities of expertise within a
State, of the effectiveness of comprehensive community-
based programs or strategies and statewide systems to
prevent and reduce underage drinking, across the underage
years from early childhood to age 21, such as programs
funded and implemented by governmental entities, public
health interest groups and foundations, and alcohol
beverage companies and trade associations.
``(ii) Obtaining and reporting more precise information
than is currently collected on the scope of the underage
drinking problem and patterns of underage alcohol
consumption, including improved knowledge about the problem
and progress in preventing, reducing, and treating underage
drinking, as well as information on the rate of exposure of
youth to advertising and other media messages encouraging
and discouraging alcohol consumption.
``(iii) The development and identification of evidence-
based or evidence-informed strategies to reduce underage
drinking, which may include through translational research.
``(iv) Improving and conducting public health data
collection on alcohol use and alcohol-related conditions in
States, which may include by increasing the use of surveys,
such as the Behavioral Risk Factor Surveillance System, to
monitor binge and excessive drinking and related harms
among individuals who are at least 18 years of age, but not
more than 20 years of age, including harm caused to self or
others as a result of alcohol use that is not duplicative
of research currently being conducted or supported by the
Department of Health and Human Services.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2023 through 2027.
``(2) National academies of sciences, engineering, and medicine
study.--
``(A) In general.--Not later than 12 months after the date
of enactment of the Restoring Hope for Mental Health and Well-
Being Act of 2022, the Secretary shall--
``(i) contract with the National Academies of Sciences,
Engineering, and Medicine to study developments in research
on underage drinking and the implications of these
developments; and
``(ii) report to the Congress on the results of such
review.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $500,000 for
fiscal year 2023.''.
SEC. 1216. GRANTS FOR JAIL DIVERSION PROGRAMS.
Section 520G of the Public Health Service Act (42 U.S.C. 290bb-38)
is amended--
(1) in subsection (a)--
(A) by striking ``up to 125''; and
(B) by striking ``tribes and tribal organizations'' and
inserting ``Tribes and Tribal organizations'';
(2) in subsection (b)(2), by striking ``tribes, and tribal
organizations'' and inserting ``Tribes, and Tribal organizations'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Indian tribe or tribal
organization'' and inserting ``an Indian Tribe or Tribal
organization, a health facility or program described in
subsection (a), or a public or nonprofit entity referred to in
subsection (a)''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by inserting ``peer recovery support
services,'' after ``disorder treatment,''; and
(ii) in clause (iii), by striking ``tribe, or tribal
organization'' and inserting ``Tribe, or Tribal
organization'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking
``tribe, or tribal organization'' and inserting ``Tribe, or
Tribal organization'';
(B) in paragraph (3), by inserting ``and
paraprofessionals'' after ``professionals''; and
(C) in paragraph (5), by striking ``or arrest'' and
inserting ``, arrest, or release'';
(5) in subsection (f), by striking ``tribe, or tribal
organization'' each place it appears and inserting ``Tribe, or
Tribal organization'';
(6) in subsection (h), by striking ``tribe, or tribal
organization'' and inserting ``Tribe, or Tribal organization''; and
(7) in subsection (j), by striking ``$4,269,000 for each of
fiscal years 2018 through 2022'' and inserting ``$14,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 1217. FORMULA GRANTS TO STATES.
Section 521 of the Public Health Service Act (42 U.S.C. 290cc-21)
is amended by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1218. PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS.
Section 535(a) of the Public Health Service Act (42 U.S.C. 290cc-
35(a)) is amended by striking ``2018 through 2022'' and inserting
``2023 through 2027''.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.
(a) Grants.--
(1) Repeal of maximum grant amount.--Paragraph (2) of section
544(a) of the Public Health Service Act (42 U.S.C. 290dd-3(a)) is
hereby repealed.
(2) Eligible entity; subgrants.--Section 544(a) of the Public
Health Service Act (42 U.S.C. 290dd-3(a)) is amended by striking
paragraph (3) and inserting the following:
``(2) Eligible entity.--For purposes of this section, the term
`eligible entity' means a State, Territory, locality, or Indian
Tribe or Tribal organization (as those terms are defined in section
4 of the Indian Self-Determination and Education Assistance Act).
``(3) Subgrants.--For the purposes for which a grant is awarded
under this section, the eligible entity receiving the grant may
award subgrants to a Federally qualified health center (as defined
in section 1861(aa) of the Social Security Act), an opioid
treatment program (as defined in section 8.2 of title 42, Code of
Federal Regulations (or any successor regulations)), any
practitioner dispensing narcotic drugs pursuant to section 303(g)
of the Controlled Substances Act, or any nonprofit organization
that the Secretary deems appropriate, which may include Urban
Indian organizations (as defined in section 4 of the Indian Health
Care Improvement Act).''.
(3) Prescribing.--Section 544(a)(4) of the Public Health
Service Act (42 U.S.C. 290dd-3(a)(4)) is amended--
(A) in subparagraph (A), by inserting ``, including
patients prescribed both an opioid and a benzodiazepine''
before the semicolon at the end; and
(B) in subparagraph (D), by striking ``drug overdose'' and
inserting ``overdose''.
(4) Use of funds.--Paragraph (5) of section 544(c) of the
Public Health Service Act (42 U.S.C. 290dd-3(c)) is amended to read
as follows:
``(5) To establish protocols to connect patients who have
experienced an overdose with appropriate treatment, including
overdose reversal medications, medication assisted treatment, and
appropriate counseling and behavioral therapies.''.
(5) Improving access to overdose treatment.--Section 544 of the
Public Health Service Act (42 U.S.C. 290dd-3) is amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) in subsection (f), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (e)''; and
(C) by inserting after subsection (c) the following:
``(d) Improving Access to Overdose Treatment.--
``(1) Information on best practices.--
``(A) Health and human services.--The Secretary of Health
and Human Services may provide information to States,
localities, Indian Tribes, Tribal organizations, and Urban
Indian organizations on best practices for prescribing or co-
prescribing a drug or device approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic Act
for emergency treatment of known or suspected opioid overdose,
including for patients receiving chronic opioid therapy and
patients being treated for opioid use disorders.
``(B) Defense.--The Secretary of Health and Human Services
may, as appropriate, consult with the Secretary of Defense
regarding the provision of information to prescribers within
Department of Defense medical facilities on best practices for
prescribing or co-prescribing a drug or device approved,
cleared, or otherwise legally marketed under the Federal Food,
Drug, and Cosmetic Act for emergency treatment of known or
suspected opioid overdose, including for patients receiving
chronic opioid therapy and patients being treated for opioid
use disorders.
``(C) Veterans affairs.--The Secretary of Health and Human
Services may, as appropriate, consult with the Secretary of
Veterans Affairs regarding the provision of information to
prescribers within Department of Veterans Affairs medical
facilities on best practices for prescribing or co-prescribing
a drug or device approved, cleared, or otherwise legally
marketed under the Federal Food, Drug, and Cosmetic Act for
emergency treatment of known or suspected opioid overdose,
including for patients receiving chronic opioid therapy and
patients being treated for opioid use disorders.
``(2) Rule of construction.--Nothing in this subsection shall
be construed as establishing or contributing to a medical standard
of care.''.
(6) Authorization of appropriations.--Section 544(g) of the
Public Health Service Act (42 U.S.C. 290dd-3(g)), as redesignated,
is amended by striking ``fiscal years 2017 through 2021'' and
inserting ``fiscal years 2023 through 2027''.
(7) Technical amendments.--
(A) Section 544 of the Public Health Service Act (42 U.S.C.
290dd-3), as amended, is further amended by striking ``approved
or cleared'' each place it appears and inserting ``approved,
cleared, or otherwise legally marketed''.
(B) Section 107 of the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198) is amended by striking
subsection (b).
SEC. 1220. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION
GRANT PROGRAMS.
(a) Grants.--Section 545 of the Public Health Service Act (42
U.S.C. 290ee) is amended--
(1) in the section heading, by striking ``access and education
grant programs'' and inserting ``access, education, and co-
prescribing grant programs'';
(2) in the heading of subsection (a), by striking ``Grants to
States'' and inserting ``Grants'';
(3) in subsection (a), by striking ``shall make grants to
States'' and inserting ``shall make grants to States, localities,
Indian Tribes, and Tribal organizations (as those terms are defined
in section 4 of the Indian Self-Determination and Education
Assistance Act)'';
(4) in subsection (a)(1), by striking ``implement strategies
for pharmacists to dispense a drug or device'' and inserting
``implement strategies that increase access to drugs or devices'';
(5) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(6) by inserting after paragraph (2) the following:
``(3) encourage health care providers to co-prescribe, as
appropriate, drugs or devices approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic Act for
emergency treatment of known or suspected opioid overdose;''.
(b) Grant Period.--Section 545(d)(2) of the Public Health Service
Act (42 U.S.C. 290ee(d)(2)) is amended by striking ``3 years'' and
inserting ``5 years''.
(c) Limitation.--Paragraph (3) of section 545(d) of the Public
Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:
``(3) Limitations.--A State may--
``(A) use not more than 10 percent of a grant under this
section for educating the public pursuant to subsection (a)(5);
and
``(B) use not less than 20 percent of a grant under this
section to offset cost-sharing for distribution and dispensing
of drugs or devices approved, cleared, or otherwise legally
marketed under the Federal Food, Drug, and Cosmetic Act for
emergency treatment of known or suspected opioid overdose.''.
(d) Authorization of Appropriations.--Section 545(h)(1) of the
Public Health Service Act, is amended by striking ``fiscal years 2017
through 2019'' and inserting ``fiscal years 2023 through 2027''.
(e) Technical Amendment.--Section 545 of the Public Health Service
Act (42 U.S.C. 290ee), as amended, is further amended by striking
``approved or cleared'' each place it appears and inserting ``approved,
cleared, or otherwise legally marketed''.
SEC. 1221. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
Section 7091 of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended--
(1) in the section heading, by striking ``demonstration'' (and
by conforming the item relating to such section in the table of
contents in section 1(b));
(2) in subsection (a)--
(A) by amending the subsection heading to read as follows:
``Grant Program''; and
(B) in paragraph (1), by striking ``demonstration'';
(3) in subsection (b), in the subsection heading, by striking
``Demonstration'';
(4) in subsection (d)(4), by striking ``tribal'' and inserting
``Tribal'';
(5) in subsection (f)--
(A) in the heading, by striking ``Report'' and inserting
``Reports''; and
(B) in the matter preceding paragraph (1), by striking
``Not later than 1 year after completion of the demonstration
program under this section, the Secretary shall submit a report
to the Congress on the results of the demonstration program''
and inserting ``Not later than the end of each of fiscal years
2024 and 2027, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the results of the program''; and
(6) in subsection (g), by striking ``2019 through 2021'' and
inserting ``2023 through 2027''.
CHAPTER 3--EXCELLENCE IN RECOVERY HOUSING
SEC. 1231. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY
OF HIGH-QUALITY RECOVERY HOUSING.
Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa)
is amended--
(1) in paragraph (24)(E), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) collaborate with national accrediting entities, recovery
housing providers, organizations or individuals with established
expertise in delivery of recovery housing services, States, Federal
agencies (including the Department of Health and Human Services,
the Department of Housing and Urban Development, and the agencies
listed in section 550(e)(2)(B)), and other relevant stakeholders,
to promote the availability of high-quality recovery housing and
services for individuals with a substance use disorder.''.
SEC. 1232. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY
OF HIGH-QUALITY RECOVERY HOUSING.
Section 550(a) of the Public Health Service Act (42 U.S.C. 290ee-
5(a)) (relating to national recovery housing best practices) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary, in consultation with the
individuals and entities specified in paragraph (2), shall continue
activities to identify, facilitate the development of, and
periodically update consensus-based best practices, which may
include model laws for implementing suggested minimum standards for
operating, and promoting the availability of, high-quality recovery
housing.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) officials representing the agencies described in
subsection (e)(2);'';
(B) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively;
(C) in subparagraph (B), as so redesignated, by striking
``tribal'' and inserting ``Tribal''; and
(D) in subparagraph (D), as so redesignated, by striking
``tribes, tribal organizations, and tribally'' and inserting
``Tribes, Tribal organizations, and Tribally''; and
(3) by adding at the end the following:
``(3) Availability.--The best practices referred to in
paragraph (1) shall be--
``(A) made publicly available; and
``(B) published on the public website of the Substance
Abuse and Mental Health Services Administration.
``(4) Exclusion of guideline on treatment services.--In
facilitating the development of best practices under paragraph (1),
the Secretary may not include any best practices with respect to
substance use disorder treatment services.''.
SEC. 1233. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE
AVAILABILITY OF RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5)
(relating to national recovery housing best practices), as amended by
section 1232, is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(2) in subsection (c)(2), by striking ``Indian tribes, tribal''
and inserting ``Indian Tribes, Tribal'';
(3) in subsection (h)(2), as so redesignated--
(A) by striking ``Indian tribe'' and inserting ``Indian
Tribe''; and
(B) by striking ``tribal organization'' and inserting
``Tribal organization''; and
(4) by inserting after subsection (d) the following:
``(e) Coordination of Federal Activities To Promote the
Availability of Housing for Individuals Experiencing Homelessness,
Individuals With a Mental Illness, and Individuals With a Substance Use
Disorder.--
``(1) In general.--The Secretary, acting through the Assistant
Secretary, and the Secretary of Housing and Urban Development shall
convene an interagency working group for the following purposes:
``(A) To increase collaboration, cooperation, and
consultation among the Department of Health and Human Services,
the Department of Housing and Urban Development, and the
Federal agencies listed in paragraph (2)(B), with respect to
promoting the availability of housing, including high-quality
recovery housing, for individuals experiencing homelessness,
individuals with mental illnesses, and individuals with
substance use disorder.
``(B) To align the efforts of such agencies and avoid
duplication of such efforts by such agencies.
``(C) To develop objectives, priorities, and a long-term
plan for supporting State, Tribal, and local efforts with
respect to the operation of high-quality recovery housing that
is consistent with the best practices developed under this
section.
``(D) To improve information on the quality of recovery
housing.
``(2) Composition.--The interagency working group under
paragraph (1) shall be composed of--
``(A) the Secretary, acting through the Assistant
Secretary, and the Secretary of Housing and Urban Development,
who shall serve as the co-chairs; and
``(B) representatives of each of the following Federal
agencies:
``(i) The Centers for Medicare & Medicaid Services.
``(ii) The Substance Abuse and Mental Health Services
Administration.
``(iii) The Health Resources and Services
Administration.
``(iv) The Office of the Inspector General of the
Department of Health and Human Services.
``(v) The Indian Health Service.
``(vi) The Department of Agriculture.
``(vii) The Department of Justice.
``(viii) The Office of National Drug Control Policy.
``(ix) The Bureau of Indian Affairs.
``(x) The Department of Labor.
``(xi) The Department of Veterans Affairs.
``(xii) Any other Federal agency as the co-chairs
determine appropriate.
``(3) Meetings.--The working group shall meet on a quarterly
basis.
``(4) Reports to congress.--Not later than 4 years after the
date of the enactment of this section, the working group shall
submit to the Committee on Health, Education, Labor, and Pensions,
the Committee on Agriculture, Nutrition, and Forestry, and the
Committee on Finance of the Senate and the Committee on Energy and
Commerce, the Committee on Ways and Means, the Committee on
Agriculture, and the Committee on Financial Services of the House
of Representatives a report describing the work of the working
group and any recommendations of the working group to improve
Federal, State, and local coordination with respect to recovery
housing and other housing resources and operations for individuals
experiencing homelessness, individuals with a mental illness, and
individuals with a substance use disorder.''.
SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY AND REPORT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Assistant Secretary for Mental Health and Substance Use, shall--
(1) contract with the National Academies of Sciences,
Engineering, and Medicine--
(A) to study the quality and effectiveness of recovery
housing in the United States and whether the availability of
such housing meets demand; and
(B) to identify recommendations to promote the availability
of high-quality recovery housing; and
(2) report to the Congress on the results of such review.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,500,000 for fiscal year 2023.
SEC. 1235. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF RECOVERY
HOUSING AND SERVICES.
Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5)
(relating to national recovery housing best practices), as amended by
sections 1232 and 1233, is further amended by inserting after
subsection (e) (as inserted by section 1233) the following:
``(f) Grants for Implementing National Recovery Housing Best
Practices.--
``(1) In general.--The Secretary shall award grants to States
(and political subdivisions thereof), Indian Tribes, and
territories--
``(A) for the provision of technical assistance to
implement the guidelines and recommendations developed under
subsection (a); and
``(B) to promote--
``(i) the availability of recovery housing for
individuals with a substance use disorder; and
``(ii) the maintenance of recovery housing in
accordance with best practices developed under this
section.
``(2) State promotion plans.--Not later than 90 days after
receipt of a grant under paragraph (1), and every 2 years
thereafter, each State (or political subdivisions thereof,) Indian
Tribe, or territory receiving a grant under paragraph (1) shall
submit to the Secretary, and publish on a publicly accessible
internet website of the State (or political subdivisions thereof),
Indian Tribe, or territory--
``(A) the plan of the State (or political subdivisions
thereof), Indian Tribe, or territory, with respect to the
promotion of recovery housing for individuals with a substance
use disorder located within the jurisdiction of such State (or
political subdivisions thereof), Indian Tribe, or territory;
and
``(B) a description of how such plan is consistent with the
best practices developed under this section.''.
SEC. 1236. FUNDING.
Subsection (i) of section 550 of the Public Health Service Act (42
U.S.C. 290ee-5) (relating to national recovery housing best practices),
as redesignated by section 1233, is amended by striking ``$3,000,000
for the period of fiscal years 2019 through 2021'' and inserting
``$5,000,000 for the period of fiscal years 2023 through 2027''.
SEC. 1237. TECHNICAL CORRECTION.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended--
(1) by redesignating section 550 (relating to Sobriety
Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added by
section 8214 of Public Law 115-271, as section 550A; and
(2) by moving such section so it appears after section 550
(relating to national recovery housing best practices).
CHAPTER 4--SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES
BLOCK GRANT
SEC. 1241. ELIMINATING STIGMATIZING LANGUAGE RELATING TO SUBSTANCE USE.
(a) Block Grants for Prevention and Treatment of Substance Use.--
Part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et
seq.) is amended--
(1) in the part heading, by striking ``substance abuse'' and
inserting ``substance use'';
(2) in subpart II, by amending the subpart heading to read as
follows: ``Block Grants for Substance Use Prevention, Treatment,
and Recovery Services'';
(3) in section 1922(a) (42 U.S.C. 300x-22(a))--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``substance abuse'' and inserting ``substance
use disorders''; and
(B) by striking ``such abuse'' each place it appears in
paragraphs (1) and (2) and inserting ``such disorders'';
(4) in section 1923 (42 U.S.C. 300x-23)--
(A) in the section heading, by striking ``substance abuse''
and inserting ``substance use''; and
(B) in subsection (a), by striking ``drug abuse'' and
inserting ``substance use disorders'';
(5) in section 1925(a)(1) (42 U.S.C. 300x-25(a)(1)), by
striking ``alcohol or drug abuse'' and inserting ``alcohol or other
substance use disorders'';
(6) in section 1926(b)(2)(B) (42 U.S.C. 300x-26(b)(2)(B)), by
striking ``substance abuse'';
(7) in section 1931(b)(2) (42 U.S.C. 300x-31(b)(2)), by
striking ``substance abuse'' and inserting ``substance use
disorders'';
(8) in section 1933(d)(1) (42 U.S.C. 300x-33(d)), in the matter
following subparagraph (B), by striking ``abuse of alcohol and
other drugs'' and inserting ``use of substances'';
(9) by amending paragraph (4) of section 1934 (42 U.S.C. 300x-
34) to read as follows:
``(4) The term `substance use disorder' means the recurrent use
of alcohol or other drugs that causes clinically significant
impairment.'';
(10) in section 1935 (42 U.S.C. 300x-35)--
(A) in subsection (a), by striking ``substance abuse'' and
inserting ``substance use disorders''; and
(B) in subsection (b)(1), by striking ``substance abuse''
each place it appears and inserting ``substance use
disorders'';
(11) in section 1949 (42 U.S.C. 300x-59), by striking
``substance abuse'' each place it appears in subsections (a) and
(d) and inserting ``substance use disorders'';
(12) in section 1954(b)(4) (42 U.S.C. 300x-64(b)(4))--
(A) by striking ``substance abuse'' and inserting
``substance use disorders''; and
(B) by striking ``such abuse'' and inserting ``such
disorders''; and
(13) in section 1956 (42 U.S.C. 300x-66), by striking
``substance abuse'' and inserting ``substance use disorders''.
(b) Certain Programs Regarding Mental Health and Substance Abuse.--
Part C of title XIX of the Public Health Service Act (42 U.S.C. 300y et
seq.) is amended--
(1) in the part heading, by striking ``substance abuse'' and
inserting ``substance use'';
(2) in section 1971 (42 U.S.C. 300y), by striking ``substance
abuse'' each place it appears in subsections (a), (b), and (f) and
inserting ``substance use''; and
(3) in section 1976 (42 U.S.C. 300y-11), by striking
``intravenous abuse'' each place it appears and inserting
``intravenous use''.
SEC. 1242. AUTHORIZED ACTIVITIES.
Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-
21(b)) is amended by striking ``activities to prevent and treat
substance use disorders'' and inserting ``activities to prevent, treat,
and provide recovery support services for substance use disorders''.
SEC. 1243. STATE PLAN REQUIREMENTS.
Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C.
300x-32(b)(1)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as clauses (vii)
through (x), respectively;
(2) by inserting after clause (v) the following:
``(vi) provides a description of--
``(I) the State's comprehensive statewide recovery
support services activities, including the number of
individuals being served, target populations, workforce
capacity (consistent with clause (viii)), and priority
needs; and
``(II) the amount of funds received under this
subpart expended on recovery support services,
disaggregated by the amount expended for type of
service activity;''; and
(3) in clause (viii), as so redesignated, by striking
``disorders workforce'' and inserting ``disorders workforce,
including with respect to prevention, treatment, and recovery,''.
SEC. 1244. UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.
Section 1933(d) of the Public Health Service Act (42 U.S.C. 300x-
33(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``of an Indian tribe or tribal
organization'' and inserting ``of an Indian Tribe or Tribal
organization''; and
(ii) by striking ``such tribe'' and inserting ``such
Tribe'';
(B) in subparagraph (B)--
(i) by striking ``tribe or tribal organization'' and
inserting ``Tribe or Tribal organization''; and
(ii) by striking ``Secretary under this'' and inserting
``Secretary under this subpart''; and
(C) in the matter following subparagraph (B), by striking
``tribe or tribal organization'' and inserting ``Tribe or
Tribal organization'';
(2) by amending paragraph (2) to read as follows:
``(2) Indian tribe or tribal organization as grantee.--The
amount reserved by the Secretary on the basis of a determination
under this subsection shall be granted to the Indian Tribe or
Tribal organization serving the individuals for whom such a
determination has been made.'';
(3) in paragraph (3), by striking ``tribe or tribal
organization'' and inserting ``Tribe or Tribal organization''; and
(4) in paragraph (4)--
(A) in the paragraph heading, by striking ``Definition''
and inserting ``Definitions''; and
(B) by striking ``The terms'' and all that follows through
``given such terms'' and inserting the following: ``The terms
`Indian Tribe' and `Tribal organization' have the meanings
given the terms `Indian tribe' and `tribal organization'''.
SEC. 1245. BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREATMENT, AND
RECOVERY SERVICES.
(a) In General.--Section 1935(a) of the Public Health Service Act
(42 U.S.C. 300x-35(a)), as amended by section 1241, is further amended
by striking ``appropriated'' and all that follows through ``2022..''
and inserting the following: ``appropriated $1,908,079,000 for each of
fiscal years 2023 through 2027.''.
(b) Technical Corrections.--Section 1935(b)(1)(B) of the Public
Health Service Act (42 U.S.C. 300x-35(b)(1)(B)) is amended by striking
``the collection of data in this paragraph is''.
SEC. 1246. REQUIREMENT OF REPORTS AND AUDITS BY STATES.
Section 1942(a) of the Public Health Service Act (42 U.S.C. 300x-
52(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the amount provided to each recipient in the previous
fiscal year.''.
SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use (in
this section referred to as the ``Secretary''), shall, in consultation
with States and other local entities providing prevention, treatment,
or recovery support services related to substance use, conduct a study
on strategies to assess community needs with respect to such services
in order to facilitate State use of block grant funding received under
subpart II of part B of title XIX of the Public Health Service Act (42
U.S.C. 300x-21 et seq.) to provide services to substance use disorder
prevention, treatment, and recovery support. The study shall, where
feasible and appropriate, include estimates of resources for community
needs strategies respective to prevention, treatment, or recovery
support services.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on the
results of the study conducted under subsection (a).
CHAPTER 5--TIMELY TREATMENT FOR OPIOID USE DISORDER
SEC. 1251. STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE DISORDER
THROUGH OPIOID TREATMENT PROGRAMS DURING THE COVID-19 PUBLIC HEALTH
EMERGENCY.
(a) Study.--The Assistant Secretary for Mental Health and Substance
Use shall conduct a study, in consultation with patients and other
stakeholders, on activities carried out pursuant to exemptions
granted--
(1) to a State (including the District of Columbia or any
territory of the United States) or an opioid treatment program;
(2) pursuant to section 8.11(h) of title 42, Code of Federal
Regulations; and
(3) during the period--
(A) beginning on the declaration of the public health
emergency for the COVID-19 pandemic under section 319 of the
Public Health Service Act (42 U.S.C. 247d); and
(B) ending on the earlier of--
(i) the termination of such public health emergency,
including extensions thereof pursuant to such section 319;
and
(ii) the end of calendar year 2022.
(b) Privacy.--The section does not authorize the disclosure by the
Department of Health and Human Services of individually identifiable
information about patients.
(c) Feedback.--In conducting the study under subsection (a), the
Assistant Secretary for Mental Health and Substance Use shall gather
feedback from the States and opioid treatment programs on their
experiences in implementing exemptions described in subsection (a).
(d) Report.--Not later than 180 days after the end of the period
described in subsection (a)(3)(B), and subject to subsection (c), the
Assistant Secretary for Mental Health and Substance Use shall publish a
report on the results of the study under this section.
SEC. 1252. CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.
(a) Mobile Medication Units.--Section 302(e) of the Controlled
Substances Act (21 U.S.C. 822(e)) is amended by adding at the end the
following:
``(3) Notwithstanding paragraph (1), a registrant that is
dispensing pursuant to section 303(g) narcotic drugs to individuals for
maintenance treatment or detoxification treatment shall not be required
to have a separate registration to incorporate one or more mobile
medication units into the registrant's practice to dispense such
narcotics at locations other than the registrant's principal place of
business or professional practice described in paragraph (1), so long
as the registrant meets such standards for operation of a mobile
medication unit as the Attorney General may establish.''.
(b) Revise Opioid Treatment Program Admission Criteria to Eliminate
Requirement That Patients Have an Opioid Use Disorder for at Least 1
Year.--Not later than 18 months after the date of enactment of this
Act, the Secretary of Health and Human Services shall revise section
8.12(e)(1) of title 42, Code of Federal Regulations (or successor
regulations), to eliminate the requirement that an opioid treatment
program only admit an individual for treatment under the program if the
individual has been addicted to opioids for at least 1 year before
being so admitted for treatment.
CHAPTER 6--ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT
SEC. 1261. PROHIBITION.
Notwithstanding any provision of this title and the amendments made
by this title, no funds made available to carry out this title or any
amendment made by this title shall be used to purchase, procure, or
distribute pipes or cylindrical objects intended to be used to smoke or
inhale illegal scheduled substances.
SEC. 1262. ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING NARCOTIC
DRUGS IN SCHEDULE III, IV, AND V FOR MAINTENANCE OR DETOXIFICATION
TREATMENT.
(a) In General.--Section 303(g) of the Controlled Substances Act
(21 U.S.C. 823(g)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(g)(1) Except as provided in paragraph (2),
practitioners who dispense narcotic drugs to individuals for
maintenance treatment or detoxification treatment'' and inserting
``(g) Practitioners who dispense narcotic drugs (other than
narcotic drugs in schedule III, IV, or V) to individuals for
maintenance treatment or detoxification treatment'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(4) in paragraph (2), as so redesignated--
(A) by striking ``(i) security of stocks'' and inserting
``(A) security of stocks''; and
(B) by striking ``(ii) the maintenance of records'' and
inserting ``(B) the maintenance of records''.
(b) Conforming Changes.--
(1) Subsections (a) and (d)(1) of section 304 of the Controlled
Substances Act (21 U.S.C. 824) are each amended by striking
``303(g)(1)'' each place it appears and inserting ``303(g)''.
(2) Section 309A(a)(2) of the Controlled Substances Act (21
U.S.C. 829a) is amended--
(A) in the matter preceding subparagraph (A), by striking
``the controlled substance is to be administered for the
purpose of maintenance or detoxification treatment under
section 303(g)(2)'' and inserting ``the controlled substance is
a narcotic drug in schedule III, IV, or V to be administered
for the purpose of maintenance or detoxification treatment'';
and
(B) by striking ``and--'' and all that follows through ``is
to be administered by injection or implantation;'' and
inserting ``and is to be administered by injection or
implantation;''.
(3) Section 520E-4(c) of the Public Health Service Act (42
U.S.C. 290bb-36d(c)) is amended by striking ``information on any
qualified practitioner that is certified to prescribe medication
for opioid dependency under section 303(g)(2)(B) of the Controlled
Substances Act'' and inserting ``information on any practitioner
who prescribes narcotic drugs in schedule III, IV, or V of section
202 of the Controlled Substances Act for the purpose of maintenance
or detoxification treatment''.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd-3), as added by section 1219(a)(2), is amended by
striking ``any practitioner dispensing narcotic drugs pursuant to
section 303(g) of the Controlled Substances Act'' and inserting
``any practitioner dispensing narcotic drugs for the purpose of
maintenance or detoxification treatment''.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42
U.S.C. 1395l(bb)(3)(B)) is amended by striking ``first receives a
waiver under section 303(g) of the Controlled Substances Act on or
after January 1, 2019'' and inserting ``first begins prescribing
narcotic drugs in schedule III, IV, or V of section 202 of the
Controlled Substances Act for the purpose of maintenance or
detoxification treatment on or after January 1, 2021''.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act (42
U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first receives
a waiver under section 303(g) of the Controlled Substances Act on
or after January 1, 2019'' and inserting ``first begins prescribing
narcotic drugs in schedule III, IV, or V of section 202 of the
Controlled Substances Act for the purpose of maintenance or
detoxification treatment on or after January 1, 2021''.
(7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C.
1395cc-6(c)(3)) is amended--
(A) in subparagraph (A), by adding ``and'' at the end;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended--
(A) in clause (i), by adding ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO COMPLETE
TRAINING.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
``(l) Required Training for Prescribers.--
``(1) Training required.--As a condition on registration under
this section to dispense controlled substances in schedule II, III,
IV, or V, the Attorney General shall require any qualified
practitioner, beginning with the first applicable registration for
the practitioner, to meet the following:
``(A) If the practitioner is a physician (as defined under
section 1861(r) of the Social Security Act) and the
practitioner meets one or more of the following conditions:
``(i) The physician holds a board certification in
addiction psychiatry or addiction medicine from the
American Board of Medical Specialties.
``(ii) The physician holds a board certification from
the American Board of Addiction Medicine.
``(iii) The physician holds a board certification in
addiction medicine from the American Osteopathic
Association.
``(iv) The physician has, with respect to the treatment
and management of patients with opioid or other substance
use disorders, or the safe pharmacological management of
dental pain and screening, brief intervention, and referral
for appropriate treatment of patients with or at risk of
developing opioid or other substance use disorders,
completed not less than 8 hours of training (through
classroom situations, seminars at professional society
meetings, electronic communications, or otherwise) that is
provided by--
``(I) the American Society of Addiction Medicine,
the American Academy of Addiction Psychiatry, the
American Medical Association, the American Osteopathic
Association, the American Dental Association, the
American Association of Oral and Maxillofacial
Surgeons, the American Psychiatric Association, or any
other organization accredited by the Accreditation
Council for Continuing Medical Education (ACCME) or the
Commission for Continuing Education Provider
Recognition (CCEPR);
``(II) any organization accredited by a State
medical society accreditor that is recognized by the
ACCME or the CCEPR;
``(III) any organization accredited by the American
Osteopathic Association to provide continuing medical
education; or
``(IV) any organization approved by the Assistant
Secretary for Mental Health and Substance Use, the
ACCME, or the CCEPR.
``(v) The physician graduated in good standing from an
accredited school of allopathic medicine, osteopathic
medicine, dental surgery, or dental medicine in the United
States during the 5-year period immediately preceding the
date on which the physician first registers or renews under
this section and has successfully completed a comprehensive
allopathic or osteopathic medicine curriculum or accredited
medical residency or dental surgery or dental medicine
curriculum that included not less than 8 hours of training
on--
``(I) treating and managing patients with opioid or
other substance use disorders, including the
appropriate clinical use of all drugs approved by the
Food and Drug Administration for the treatment of a
substance use disorder; or
``(II) the safe pharmacological management of
dental pain and screening, brief intervention, and
referral for appropriate treatment of patients with or
at risk of developing opioid and other substance use
disorders.
``(B) If the practitioner is not a physician (as defined
under section 1861(r) of the Social Security Act), the
practitioner is legally authorized by the State to dispense
controlled substances under schedule II, III, IV, or V and is
dispensing such substances within such State in accordance with
all applicable State laws, and the practitioner meets one or
more of the following conditions:
``(i) The practitioner has completed not fewer than 8
hours of training with respect to the treatment and
management of patients with opioid or other substance use
disorders (through classroom situations, seminars at
professional society meetings, electronic communications,
or otherwise) provided by the American Society of Addiction
Medicine, the American Academy of Addiction Psychiatry, the
American Medical Association, the American Osteopathic
Association, the American Nurses Credentialing Center, the
American Psychiatric Association, the American Association
of Nurse Practitioners, the American Academy of Physician
Associates, or any other organization approved or
accredited by the Assistant Secretary for Mental Health and
Substance Use or the Accreditation Council for Continuing
Medical Education.
``(ii) The practitioner has graduated in good standing
from an accredited physician assistant school or accredited
school of advanced practice nursing in the United States
during the 5-year period immediately preceding the date on
which the practitioner first registers or renews under this
section and has successfully completed a comprehensive
physician assistant or advanced practice nursing curriculum
that included not fewer than 8 hours of training on
treating and managing patients with opioid and other
substance use disorders, including the appropriate clinical
use of all drugs approved by the Food and Drug
Administration for the treatment of a substance use
disorder.
``(2) One-time training.--
``(A) In general.--The Attorney General shall not require
any qualified practitioner to complete the training described
in clause (iv) or (v) of paragraph (1)(A) or clause (i) or (ii)
of paragraph (1)(B) more than once.
``(B) Notification.--Not later than 90 days after the date
of the enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Attorney General shall provide to
qualified practitioners a single written, electronic
notification of the training described in clauses (iv) and (v)
of paragraph (1)(A) or clauses (i) and (ii) of paragraph
(1)(B).
``(3) Rule of construction.--Nothing in this subsection shall
be construed--
``(A) to preclude the use, by a qualified practitioner, of
training received pursuant to this subsection to satisfy
registration requirements of a State or for some other lawful
purpose; or
``(B) to preempt any additional requirements by a State
related to the dispensing of controlled substances under
schedule II, III, IV, or V.
``(4) Definitions.--In this section:
``(A) First applicable registration.--The term `first
applicable registration' means the first registration or
renewal of registration by a qualified practitioner under this
section that occurs on or after the date that is 180 days after
the date of enactment of the Restoring Hope for Mental Health
and Well-Being Act of 2022.
``(B) Qualified practitioner.--In this subsection, the term
`qualified practitioner' means a practitioner who--
``(i) is licensed under State law to prescribe
controlled substances; and
``(ii) is not solely a veterinarian.''.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary, in consultation with the Attorney General,
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing the impact of the elimination of the
waiver program established under section 303(g)(2) of the Controlled
Substances Act (21 U.S.C. 823(g)(2)), as amended by the Drug Addiction
Treatment Act of 2000.
SEC. 1264. INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED
SUBSTANCES MUST BE ADMINISTERED.
Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C.
829a(a)(5)) is amended by striking ``14 days'' and inserting ``45
days''.
CHAPTER 7--OPIOID CRISIS RESPONSE
SEC. 1271. OPIOID PRESCRIPTION VERIFICATION.
(a) Materials for Training Pharmacists on Certain Circumstances
Under Which a Pharmacist May Decline to Fill a Prescription.--
(1) Updates to materials.--Section 3212(a) of the SUPPORT for
Patients and Communities Act (21 U.S.C. 829 note) is amended by
striking ``Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services, in
consultation with the Administrator of the Drug Enforcement
Administration, Commissioner of Food and Drugs, Director of the
Centers for Disease Control and Prevention, and Assistant Secretary
for Mental Health and Substance Use, shall develop and
disseminate'' and inserting ``The Secretary of Health and Human
Services, in consultation with the Administrator of the Drug
Enforcement Administration, Commissioner of Food and Drugs,
Director of the Centers for Disease Control and Prevention, and
Assistant Secretary for Mental Health and Substance Use, shall
develop and disseminate not later than 1 year after the date of
enactment of the Restoring Hope for Mental Health and Well-Being
Act of 2022, and update periodically thereafter''.
(2) Materials included.--Section 3212(b) of the SUPPORT for
Patients and Communities Act (21 U.S.C. 829 note) is amended--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) pharmacists on how to verify the identity of the
patient;''.
(3) Materials for training on patient verification .--Section
3212 of the SUPPORT for Patients and Communities Act (21 U.S.C. 829
note) is amended by adding at the end the following new subsection:
``(d) Materials for Training on Verification of Identity.--Not
later than 1 year after the date of enactment of this subsection, the
Secretary of Health and Human Services, after seeking stakeholder input
in accordance with subsection (c), shall--
``(1) update the materials developed under subsection (a) to
include information for pharmacists on how to verify the identity
of the patient; and
``(2) disseminate, as appropriate, the updated materials.''.
(b) Incentivizing States To Build or Maintain Prescription Drug
Monitoring Programs.--
(1) In general.--Section 392A of the Public Health Service Act
(42 U.S.C. 280b-1) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Priority.--In awarding grants to States under subsections (a)
and (b), the Director of the Centers for Disease Control and Prevention
may give priority to jurisdictions with a disproportionately high rate
of drug overdoses or drug overdose deaths, as applicable.''.
(2) Conforming change.--Section 392A of the Public Health
Service Act (42 U.S.C. 280b-1) is amended by striking ``Indian
tribes'' each place it appears and inserting ``Indian Tribes''.
SEC. 1272. SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER AWARENESS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall provide for the planning and
implementation of a public education campaign to raise public awareness
of synthetic opioids (including fentanyl and its analogues) and
emerging drug use and misuse issues, as appropriate. Such campaign
related to synthetic opioids shall include the dissemination of
information that--
(1) promotes awareness about the potency and dangers of
fentanyl and its analogues and other synthetic opioids;
(2) explains services provided by the Substance Abuse and
Mental Health Services Administration and the Centers for Disease
Control and Prevention (and any entity providing such services
under a contract entered into with such agencies) with respect to
the use and misuse of opioids (including synthetic opioids) and
other emerging drug threats, such as stimulants, as appropriate;
and
(3) relates generally to opioid use and pain management,
including information on alternative, nonopioid pain management
treatments.
The Secretary shall update such campaign to address emerging drug
misuse issues, as appropriate.
(b) Use of Media.--The campaign under subsection (a) may be
implemented through the use of television, radio, internet, in-person
public communications, and other commercial marketing venues and may be
targeted to specific demographic groups.
(c) Consideration of Report Findings.--In planning and implementing
the public education campaign under subsection (a) related to synthetic
opioids, the Secretary shall take into consideration the findings of
the report required under section 7001 of the SUPPORT for Patients and
Communities Act (Public Law 115-271).
(d) Consultation.--In coordinating the campaign under subsection
(a), the Secretary shall consult with the Assistant Secretary for
Mental Health and Substance Use to provide ongoing advice on the
effectiveness of information disseminated through the campaign.
(e) Requirement of Campaign.--The campaign implemented under
subsection (a) shall not be duplicative of any other Federal efforts
relating to eliminating substance use and misuse.
(f) Evaluation.--
(1) In general.--The Secretary shall ensure that the campaign
implemented under subsection (a) is subject to an independent
evaluation, beginning 2 years after the date of enactment of this
Act, and 2 years thereafter.
(2) Measures and benchmarks.--For purposes of an evaluation
conducted pursuant to paragraph (1), the Secretary shall--
(A) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the campaign under this
section; and
(B) conduct qualitative assessments regarding the
effectiveness of strategies employed under this section.
(g) Report.--The Secretary shall, beginning 2 years after the date
of enactment of this Act, and 2 years thereafter, submit to Congress a
report on the effectiveness of the campaign implemented under
subsection (a) towards meeting the measures and benchmarks established
under subsection (f)(2).
(h) Dissemination of Information Through Providers.--The Secretary
shall develop and implement a plan for the dissemination of information
related to synthetic opioids, to health care providers who participate
in Federal programs, including programs administered by the Department
of Health and Human Services, the Indian Health Service, the Department
of Veterans Affairs, the Department of Defense, and the Health
Resources and Services Administration, the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and the
Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).
(i) Training Guide and Outreach on Synthetic Opioid Exposure
Prevention.--
(1) Training guide.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall design, publish, and
make publicly available on the internet website of the Department
of Health and Human Services, a training guide and webinar for
first responders and other individuals who also may be at high risk
of exposure to synthetic opioids that details measures to prevent
that exposure.
(2) Outreach.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall also conduct outreach
about the availability of the training guide and webinar published
under paragraph (1) to--
(A) fire department staff;
(B) law enforcement officers;
(C) ambulance transport and other first responders;
(D) hospital emergency department personnel; and
(E) other high-risk occupations, as identified by the
Secretary.
SEC. 1273. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE
DISORDERS.
Section 1003 of the 21st Century Cures Act (42 U.S.C. 290ee-3 note)
is amended to read as follows:
``SEC. 1003. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE
DISORDERS.
``(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the `Secretary') shall carry out the
grant program described in subsection (b) for purposes of addressing
opioid misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders, within States, Indian Tribes, and
populations served by Tribal organizations and Urban Indian
organizations.
``(b) Grants Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall award grants to the single
State agency responsible for administering the substance use
prevention, treatment, and recovery services block grant under
subpart II of part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x-21 et seq.), Indian Tribes, and Tribal
organizations for the purpose of addressing opioid misuse and use
disorders, and as applicable and appropriate, stimulant misuse and
use disorders, within such States, such Indian Tribes, and
populations served by such Tribal organizations, in accordance with
paragraph (2). Indian Tribes or Tribal organizations may also apply
for an award as part of a consortia or may include in an
application a partnership with an Urban Indian organization.
``(2) Minimum allocations.--Notwithstanding subsection (i)(3),
in determining grant amounts for each recipient of a grant under
paragraph (1), the Secretary shall ensure that each State and the
District of Columbia receive not less than $4,000,000 and ensure
that each Territory receives not less than $250,000.
``(3) Formula methodology.--
``(A) In general.--At least 30 days before publishing a
funding opportunity announcement with respect to grants under
this section, the Secretary shall--
``(i) develop a formula methodology to be followed in
allocating grant funds awarded under this section among
grantees, which, where applicable and appropriate based on
populations being served by the relevant entity--
``(I) with respect to allocations for States, gives
preference to States whose populations have a
prevalence of opioid misuse and use disorders or drug
overdose deaths that is substantially higher relative
to the populations of other States;
``(II) with respect to allocations for Tribes and
Tribal organizations, gives preferences to Tribes and
Tribal organizations (including those applying in
partnership with an Urban Indian organization) serving
populations with demonstrated need with respect to
opioid misuse and use disorders or drug overdose
deaths;
``(III) includes performance assessments for
continuation awards; and
``(IV) ensures that the formula avoids a funding
cliff between States with similar overdose mortality
rates to prevent funding reductions when compared to
prior year allocations, as determined by the Secretary;
and
``(ii) not later than 30 days after developing the
formula methodology under clause (i), submit the formula
methodology to--
``(I) the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the
Senate; and
``(II) the Committee on Energy and Commerce and the
Committee on Appropriations of the House of
Representatives.
``(B) Report.--Not later than two years after the date of
the enactment of the Restoring Hope for Mental Health and Well-
Being Act of 2022, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that--
``(i) assesses how grant funding is allocated to States
under this section and how such allocations have changed
over time;
``(ii) assesses how any changes in funding under this
section have affected the efforts of States to address
opioid misuse and use disorders and, as applicable and
appropriate, stimulant misuse and use disorders; and
``(iii) assesses the use of funding provided through
the grant program under this section and other similar
grant programs administered by the Substance Abuse and
Mental Health Services Administration.
``(4) Use of funds.--Grants awarded under this subsection shall
be used for carrying out activities that supplement activities
pertaining to opioid misuse and use disorders and, as applicable
and appropriate, stimulant misuse and use disorders (including co-
occurring substance misuse and use disorders), undertaken by the
entities described in paragraph (1), which may include public
health-related activities such as the following:
``(A) Implementing substance use disorder and overdose
prevention activities, including primary prevention activities,
and evaluating such activities to identify effective strategies
to prevent substance use disorders and overdoses, which may
include drugs or devices approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic
Act.
``(B) Establishing or improving prescription drug
monitoring programs.
``(C) Training for health care practitioners, such as best
practices for prescribing opioids, pain management, recognizing
potential cases of substance use disorders, referral of
patients to treatment programs, preventing diversion of
controlled substances, and overdose prevention.
``(D) Supporting access to and the provision of substance
use disorder-related health care services, including--
``(i) services provided by federally certified opioid
treatment programs;
``(ii) services provided in outpatient and residential
substance use disorder treatment programs or facilities,
including those that utilize medication-assisted treatment,
as appropriate; or
``(iii) services provided by other appropriate health
care providers to treat substance use disorders, including
crisis services and services provided in integrated health
care settings by appropriate health care providers that
treat substance use disorders.
``(E) Recovery support services, including--
``(i) community-based services that include education,
outreach, and peer supports such as peer support
specialists and recovery coaches to help support recovery;
``(ii) mutual aid recovery programs that support
medication-assisted treatment;
``(iii) services to address housing needs; or
``(iv) services related to supporting families that
include an individual with a substance use disorder.
``(F) Other public health-related activities, as such
entity determines appropriate, related to addressing opioid
misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders, within such entity,
including directing resources in accordance with local needs
related to substance use disorders.
``(c) Accountability and Oversight.--A State receiving a grant
under subsection (b) shall submit to the Secretary a description of--
``(1) the purposes for which the grant funds received by the
State under such subsection for the preceding fiscal year were
expended and a description of the activities of the State under the
grant;
``(2) the ultimate recipients of amounts provided to the State;
``(3) the number of individuals served through the grant; and
``(4) such other information as determined appropriate by the
Secretary.
``(d) Limitations.--Any funds made available pursuant to subsection
(i) shall not be used for any purpose other than the grant program
under subsection (b).
``(e) Indian Tribes and Tribal Organizations.--The Secretary, in
consultation with Indian Tribes and Tribal organizations, shall
identify and establish appropriate mechanisms for Indian Tribes and
Tribal organizations to demonstrate or report the information as
required under subsections (b), (c), and (d).
``(f) Report to Congress.--Not later than September 30, 2024, and
biennially thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives, and the
Committees on Appropriations of the House of Representatives and the
Senate, a report that includes a summary of the information provided to
the Secretary in reports made pursuant to subsections (c) and (d),
including--
``(1) the purposes for which grant funds are awarded under this
section;
``(2) the activities of the grant recipients; and
``(3) each entity that receives a grant under this section,
including the funding level provided to such recipient.
``(g) Technical Assistance.--The Secretary, including through the
Tribal Training and Technical Assistance Center of the Substance Abuse
and Mental Health Services Administration, as applicable, shall provide
entities described in subsection (b)(1) with technical assistance
concerning grant application and submission procedures under this
section, award management activities, and enhancing outreach and direct
support to rural and underserved communities and providers in
addressing substance use disorders.
``(h) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the meaning
given the term `Indian tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(2) Tribal organization.--The term `Tribal organization' has
the meaning given the term `tribal organization' in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(3) State.--The term `State' has the meaning given such term
in section 1954(b) of the Public Health Service Act (42 U.S.C.
300x-64(b)).
``(4) Urban indian organization.--The term `Urban Indian
organization' has the meaning given such term in section 4 of the
Indian Health Care Improvement Act.
``(i) Authorization of Appropriations.--
``(1) In general.--For purposes of carrying out the grant
program under subsection (b), there is authorized to be
appropriated $1,750,000,000 for each of fiscal years 2023 through
2027.
``(2) Federal administrative expenses.--Of the amounts made
available for each fiscal year to award grants under subsection
(b), the Secretary shall not use more than 2 percent for Federal
administrative expenses, training, technical assistance, and
evaluation.
``(3) Set aside.--Of the amounts made available for each fiscal
year to award grants under subsection (b) for a fiscal year, the
Secretary shall--
``(A) award not more than 5 percent to Indian Tribes and
Tribal organizations; and
``(B) of the amount remaining after application of
subparagraph (A), set aside up to 15 percent for awards to
States with the highest age-adjusted rate of drug overdose
death based on the ordinal ranking of States according to the
Director of the Centers for Disease Control and Prevention.''.
Subtitle C--Access to Mental Health Care and Coverage
CHAPTER 1--IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES
SEC. 1301. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES.
Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42)
is amended to read as follows:
``SEC. 520K. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State, or an appropriate State agency, in collaboration with--
``(A) 1 or more qualified community programs as described
in section 1913(b)(1); or
``(B) 1 or more health centers (as defined in section
330(a)), rural health clinics (as defined in section 1861(aa)
of the Social Security Act), or Federally qualified health
centers (as defined in such section), or primary care practices
serving adult or pediatric patients or both.
``(2) Integrated care; bidirectional integrated care.--
``(A) The term `integrated care' means collaborative
models, including the psychiatric collaborative care model and
other evidence-based or evidence-informed models, or practices
for coordinating and jointly delivering behavioral and physical
health services, which may include practices that share the
same space in the same facility.
``(B) The term `bidirectional integrated care' means the
integration of behavioral health care and specialty physical
health care, and the integration of primary and physical health
care within specialty behavioral health settings, including
within primary health care settings.
``(3) Psychiatric collaborative care model.--The term
`psychiatric collaborative care model' means the evidence-based,
integrated behavioral health service delivery method that
includes--
``(A) care directed by the primary care team;
``(B) structured care management;
``(C) regular assessments of clinical status using
developmentally appropriate, validated tools; and
``(D) modification of treatment as appropriate.
``(4) Special population.--The term `special population'
means--
``(A) adults with a serious mental illness or adults who
have co-occurring mental illness and physical health conditions
or chronic disease;
``(B) children and adolescents with a serious emotional
disturbance who have a co-occurring physical health condition
or chronic disease;
``(C) individuals with a substance use disorder; or
``(D) individuals with a mental illness who have a co-
occurring substance use disorder.
``(b) Grants and Cooperative Agreements.--
``(1) In general.--The Secretary may award grants and
cooperative agreements to eligible entities to support the
improvement of integrated care for physical and behavioral health
care in accordance with paragraph (2).
``(2) Use of funds.--A grant or cooperative agreement awarded
under this section shall be used--
``(A) to promote full integration and collaboration in
clinical practices between physical and behavioral health care,
including for special populations;
``(B) to support the improvement of integrated care models
for physical and behavioral health care to improve overall
wellness and physical health status, including for special
populations;
``(C) to promote the implementation and improvement of
bidirectional integrated care services provided at entities
described in subsection (a)(1), including evidence-based or
evidence-informed screening, assessment, diagnosis, prevention,
treatment, and recovery services for mental and substance use
disorders, and co-occurring physical health conditions and
chronic diseases; and
``(D) in the case of an eligible entity that is
collaborating with a primary care practice, to support the
implementation of evidence-based or evidence-informed
integrated care models, including the psychiatric collaborative
care model, including--
``(i) by hiring staff;
``(ii) by identifying and formalizing contractual
relationships with other health care providers or other
relevant entities offering care management and behavioral
health consultation to facilitate the adoption of
integrated care, including, as applicable, providers who
will function as psychiatric consultants and behavioral
health care managers in providing behavioral health
integration services through the collaborative care model;
``(iii) by purchasing or upgrading software and other
resources, as applicable, needed to appropriately provide
behavioral health integration, including resources needed
to establish a patient registry and implement measurement-
based care; and
``(iv) for such other purposes as the Secretary
determines to be applicable and appropriate.
``(c) Applications.--
``(1) In general.--An eligible entity that is seeking a grant
or cooperative agreement under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including the contents described in paragraph (2).
``(2) Contents for awards.--Any such application of an eligible
entity seeking a grant or cooperative agreement under this section
shall include, as applicable--
``(A) a description of a plan to achieve fully
collaborative agreements to provide bidirectional integrated
care to special populations;
``(B) a summary of the policies, if any, that are barriers
to the provision of integrated care, and the specific steps, if
applicable, that will be taken to address such barriers;
``(C) a description of partnerships or other arrangements
with local health care providers to provide services to special
populations and, as applicable, in areas with demonstrated
need, such as Tribal, rural, or other medically underserved
communities, such as those with a workforce shortage of mental
health and substance use disorder, pediatric mental health, or
other related professionals;
``(D) an agreement and plan to report to the Secretary
performance measures necessary to evaluate patient outcomes and
facilitate evaluations across participating projects; and
``(E) a description of the plan or progress in implementing
the psychiatric collaborative care model, as applicable and
appropriate;
``(F) a description of the plan or progress of evidence-
based or evidence-informed integrated care models other than
the psychiatric collaborative care model implemented by primary
care practices, as applicable and appropriate; and
``(G) a plan for sustainability beyond the grant or
cooperative agreement period under subsection (e).
``(d) Grant and Cooperative Agreement Amounts.--
``(1) Target amount.--The target amount that an eligible entity
may receive for a year through a grant or cooperative agreement
under this section shall be no more than $2,000,000.
``(2) Adjustment permitted.--The Secretary, taking into
consideration the quality of an eligible entity's application and
the number of eligible entities that received grants under this
section prior to the date of enactment of the Restoring Hope for
Mental Health and Well-Being Act of 2022, may adjust the target
amount that an eligible entity may receive for a year through a
grant or cooperative agreement under this section.
``(3) Limitation.--An eligible entity that is receiving funding
under subsection (b)--
``(A) may not allocate more than 10 percent of the funds
awarded to such eligible entity under this section to
administrative functions; and
``(B) shall allocate the remainder of such funding to
health facilities that provide integrated care.
``(e) Duration.--A grant or cooperative agreement under this
section shall be for a period not to exceed 5 years.
``(f) Report on Program Outcomes.--An eligible entity receiving a
grant or cooperative agreement under this section shall submit an
annual report to the Secretary. Such annual report shall include--
``(1) the progress made to reduce barriers to integrated care
as described in the entity's application under subsection (c);
``(2) a description of outcomes with respect to each special
population listed in subsection (a)(4), including outcomes related
to education, employment, and housing, or, as applicable and
appropriate, outcomes for such populations receiving behavioral
health care through the psychiatric collaborative care model in
primary care practices; and
``(3) progress in meeting performance metrics and other
relevant benchmarks; and
``(4) such other information that the Secretary may require.
``(g) Technical Assistance for Primary-behavioral Health Care
Integration.--
``(1) Certain recipients.--The Secretary may provide
appropriate information, training, and technical assistance to
eligible entities that receive a grant or cooperative agreement
under subsection (b)(2), in order to help such entities meet the
requirements of this section, including assistance with--
``(A) development and selection of integrated care models;
``(B) dissemination of evidence-based interventions in
integrated care;
``(C) establishment of organizational practices to support
operational and administrative success; and
``(D) as appropriate, appropriate information, training,
and technical assistance in implementing the psychiatric
collaborative care model when an eligible entity is
collaborating with 1 or more primary care practices for the
purposes of implementing the psychiatric collaborative care
model.
``(2) Additional dissemination of technical information.--In
addition to providing the assistance described in paragraph (1) to
recipients of a grant or cooperative agreement under this section,
the Secretary may also provide such assistance to other States and
political subdivisions of States, Indian Tribes and Tribal
organizations, as those terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act, outpatient
mental health and addiction treatment centers, community mental
health centers that meet the criteria under section 1913(c),
certified community behavioral health clinics described in section
223 of the Protecting Access to Medicare Act of 2014, primary care
organizations such as Federally qualified health centers or rural
health clinics as defined in section 1861(aa) of the Social
Security Act, primary health care practices, the community-based
organizations, and other entities engaging in integrated care
activities, as the Secretary determines appropriate.
``(h) Report to Congress.--Not later than 18 months after the date
of enactment of the Restoring Hope for Mental Health and Well-Being Act
of 2022, and annually thereafter, the Secretary shall submit a report
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives summarizing the information submitted in reports to the
Secretary under subsection (f), including progress made in meeting
performance metrics and the uptake of integrated care models, any
adjustments made to target amounts pursuant to subsection (d)(2), and
any other relevant information.
``(i) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $60,000,000 for
each of fiscal years 2023 through 2027.
``(2) Increasing uptake of the psychiatric collaborative care
model by primary care practices.--Not less than 10 percent of funds
appropriated to carry out this section shall be for the purposes of
implementing the psychiatric collaborative care model implemented
by primary care practices under subsection (b).
``(3) Funding contingency.--Paragraph (2) shall not apply to a
fiscal year unless the amount made available to carry out this
section for such fiscal year exceeds the amount appropriated to
carry out this section (as in effect before the date of enactment
of the Restoring Hope for Mental Health and Well-Being Act of 2022)
for fiscal year 2022.''.
CHAPTER 2--HELPING ENABLE ACCESS TO LIFESAVING SERVICES
SEC. 1311. REAUTHORIZATION AND PROVISION OF CERTAIN PROGRAMS TO
STRENGTHEN THE HEALTH CARE WORKFORCE.
(a) Mental and Behavioral Health Education and Training Grants.--
Section 756 of the Public Health Service Act (42 U.S.C. 294e-1) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(which may include
master's and doctoral level programs)'' after ``occupational
therapy''; and
(B) in paragraph (4), by inserting before the period the
following: ``, including training to increase skills and
capacity to meet the needs of children and adolescents who have
experienced trauma''; and
(2) in subsection (f), by striking ``For each of fiscal years
2019 through 2023'' and inserting ``For each of fiscal years 2023
through 2027''.
(b) Training Demonstration Program.--Section 760 of the Public
Health Service Act (42 U.S.C. 294k) is amended--
(1) by striking ``mental and substance use disorders'' each
place it appears and inserting ``mental health and substance use
disorder'';
(2) in subsection (a)(2)--
(A) by inserting ``(including for individuals completing
clinical training requirements for licensure)'' after
``training'';
(B) by inserting ``counselors, nurses,'' after
``psychologists,''; and
(C) by striking the semicolon and inserting ``, including
such settings that serve pediatric populations;'';
(3) in subsection (a)(3)(A)--
(A) by striking ``disorder'' (as inserted by paragraph (1))
and inserting ``disorders''; and
(B) by inserting ``or pediatric populations'' after
``addiction'';
(4) in subsection (b)(2)(A), by inserting ``(including such
settings that serve pediatric populations)'' after ``settings'';
(5) in subsection (c)(2)(F)--
(A) by inserting ``counselors, nurses,'' after
``psychologists''; and
(B) by striking the period and inserting ``, including such
entities that serve pediatric populations.'';
(6) in subsection (d)(1)(A)--
(A) by inserting ``health service psychologists, nurses''
after ``fellows,''; and
(B) by inserting ``counselors,'' after ``physician
assistants'';
(7) in subsection (d)(1)(B)--
(A) by inserting ``, which may include such settings that
serve pediatric populations'' after ``settings'';
(B) by inserting ``health'' after ``mental'';
(8) in subsection (d)(2)(C), inserting ``(which may include
trauma-informed care, as appropriate)'' after ``care'';
(9) in subsection (g), by striking ``$10,000,000 for each of
fiscal years 2018 through 2022'' and inserting ``, and $31,700,000
for each of fiscal years 2023 through 2027''; and
(10) in subsection (f)(2)(B), by striking ``disorder'' (as
inserted by paragraph (1)) and inserting ``disorders''.
SEC. 1312. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.
Section 597(c) of the Public Health Service Act (42 U.S.C.
290ll(c)) is amended by striking ``$12,669,000 for each of fiscal years
2018 through 2022'' and inserting ``$25,000,000 for each of fiscal
years 2023 through 2027''.
CHAPTER 3--ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS
SEC. 1321. ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS.
Section 2722(a)(2) of the Public Health Service Act (42 U.S.C.
300gg-21(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Sunset of election option.--
``(i) In general.--Notwithstanding the preceding
provisions of this paragraph--
``(I) no election described in subparagraph (A)
with respect to section 2726 may be made on or after
the date of the enactment of this subparagraph; and
``(II) except as provided in clause (ii), no such
election with respect to section 2726 expiring on or
after the date that is 180 days after the date of such
enactment may be renewed.
``(ii) Exception for certain collectively bargained
plans.--Notwithstanding clause (i)(II), a plan described in
subparagraph (B)(ii) that is subject to multiple agreements
described in such subparagraph of varying lengths and that
has an election described in subparagraph (A) with respect
to section 2726 in effect as of the date of the enactment
of this subparagraph that expires on or after the date that
is 180 days after the date of such enactment may extend
such election until the date on which the term of the last
such agreement expires.''.
CHAPTER 4--MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
IMPLEMENTATION
SEC. 1331. GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE DISORDER
PARITY IMPLEMENTATION.
(a) In General.--Section 2794(c) of the Public Health Service Act
(42 U.S.C. 300gg-94(c)) (as added by section 1003 of the Patient
Protection and Affordable Care Act (Public Law 111-148)) is amended by
adding at the end the following:
``(3) Parity implementation.--
``(A) In general.--Beginning during the first fiscal year
that begins after the date of enactment of this paragraph, the
Secretary shall, out of funds made available pursuant to
subparagraph (C), award grants to eligible States to enforce
and ensure compliance with the mental health and substance use
disorder parity provisions of section 2726.
``(B) Eligible state.--A State shall be eligible for a
grant awarded under this paragraph only if such State--
``(i) submits to the Secretary an application for such
grant at such time, in such manner, and containing such
information as specified by the Secretary; and
``(ii) agrees to request and review from health
insurance issuers offering group or individual health
insurance coverage the comparative analyses and other
information required of such health insurance issuers under
subsection (a)(8)(A) of section 2726 relating to the design
and application of nonquantitative treatment limitations
imposed on mental health or substance use disorder
benefits.
``(C) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for each of the first
five fiscal years beginning after the date of the enactment of
this paragraph, to remain available until expended, for
purposes of awarding grants under subparagraph (A).''.
(b) Technical Amendment.--Section 2794 of the Public Health Service
Act (42 U.S.C. 300gg-95), as added by section 6603 of the Patient
Protection and Affordable Care Act (Public Law 111-148) is redesignated
as section 2795.
Subtitle D--Children and Youth
CHAPTER 1--SUPPORTING CHILDREN'S MENTAL HEALTH CARE ACCESS
SEC. 1401. TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CENTERS.
Section 399Z-1 of the Public Health Service Act (42 U.S.C. 280h-5)
is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Technical Assistance.--The Secretary shall provide technical
assistance by grants or contracts awarded to private, nonprofit
entities with demonstrated expertise related to school-based health
centers. Such technical assistance, taking into account local and
regional differences among school based health centers, shall support
such entities in providing services described in subsection (a)(1)
pursuant to this section, including mental health and substance use
disorder services, and may include technical assistance relating to
program operations and support for the implementation of evidence-based
or evidence-informed best practices related to the provision of high
quality health care services to children and adolescents.''.
SEC. 1402. INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION,
INTERVENTION, AND TREATMENT.
Section 399Z-2 of the Public Health Service Act (42 U.S.C. 280h-6)
is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Technical Assistance.--The Secretary may, directly or by
awarding grants or contracts to public and private nonprofit entities,
provide training and technical assistance to eligible entities to carry
out activities described in subsection (d).''; and
(3) in subsection (g) (as redesignated by paragraph (1)), by
striking ``$20,000,000 for the period of fiscal years 2018 through
2022'' and inserting ``$50,000,000 for the period of fiscal years
2023 through 2027''.
SEC. 1403. CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN YOUTH
STUDY.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall--
(1) complete a study on the rates of suicidal behaviors among
children and adolescents with chronic illnesses, including
substance use disorders, autoimmune disorders, and heritable blood
disorders; and
(2) submit a report to the Congress on the results of such
study, including recommendations for early intervention services
for such children and adolescents at risk of suicide, the
dissemination of best practices to support the emotional and mental
health needs of youth, and strategies to lower the rates of
suicidal behaviors in children and adolescents described in
paragraph (1) to reduce any demographic disparities in such rates.
SEC. 1404. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION
TEAMS.
The Public Health Service Act is amended by inserting after section
520H of such Act, as added by section 1151 of this Act, the following
new section:
``SEC. 520H-1. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH
INTERVENTION TEAMS.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Use, and in consultation with
the Secretary of Education, shall submit to the Health Education,
Labor, and Pensions Committee of the Senate and the Energy and Commerce
Committee of the House of Representatives a report that identifies best
practices related to using behavioral and mental health intervention
teams, which may be used to assist elementary schools, secondary
schools, and institutions of higher education interested in voluntarily
establishing and using such teams to support students exhibiting
behaviors interfering with learning at school or who are at risk of
harm to self or others.
``(b) Elements.--The report under subsection (a) shall assess
evidence supporting such best practices and, as appropriate, include
consideration of the following:
``(1) How behavioral and mental health intervention teams might
operate effectively from an evidence-based, objective perspective
while protecting the constitutional and civil rights and privacy of
individuals.
``(2) The use of behavioral and mental health intervention
teams--
``(A) to identify and support students exhibiting behaviors
interfering with learning or posing a risk of harm to self or
others; and
``(B) to implement evidence-based interventions to meet the
behavioral and mental health needs of such students.
``(3) How behavioral and mental health intervention teams can--
``(A) access evidence-based professional development to
support students described in paragraph (2)(A); and
``(B) ensure that such teams--
``(i) are composed of trained, diverse stakeholders
with expertise in child and youth development, behavioral
and mental health, and disability; and
``(ii) use cross validation by a wide-range of
individual perspectives on the team.
``(4) How behavioral and mental health intervention teams can
help mitigate inappropriate referral to mental health services or
law enforcement by implementing evidence-based interventions that
meet student needs.
``(c) Consultation.--In carrying out subsection (a), the Secretary
shall consult with--
``(1) the Secretary of Education;
``(2) the Director of the National Threat Assessment Center of
the United States Secret Service;
``(3) the Attorney General;
``(4) teachers (which shall include special education
teachers), principals and other school leaders, school board
members, behavioral and mental health professionals (including
school-based mental health professionals), and parents of students;
``(5) local law enforcement agencies and campus law enforcement
administrators;
``(6) privacy, disability, and civil rights experts; and
``(7) other education and mental health professionals as the
Secretary deems appropriate.
``(d) Publication.--The Secretary shall publish the report under
subsection (a) in an accessible format on the internet website of the
Department of Health and Human Services.
``(e) Definitions.--In this section:
``(1) The term `behavioral and mental health intervention team'
means a multidisciplinary team of trained individuals who--
``(A) are trained to identify and assess the behavioral
health needs of children and youth and who are responsible for
identifying, supporting, and connecting students exhibiting
behaviors interfering with learning at school, or who are at
risk of harm to self or others, with appropriate behavioral
health services; and
``(B) develop and facilitate implementation of evidence-
based interventions to--
``(i) mitigate the threat of harm to self or others
posed by a student described in subparagraph (A);
``(ii) meet the mental and behavioral health needs of
such students; and
``(iii) support positive, safe, and supportive learning
environments.
``(2) The terms `elementary school', `parent', and `secondary
school' have the meanings given to such terms in section 8101 of
the Elementary and Secondary Education Act of 1965.
``(3) The term `institution of higher education' has the
meaning given to such term in section 102 of the Higher Education
Act of 1965.''.
CHAPTER 2--CONTINUING SYSTEMS OF CARE FOR CHILDREN
SEC. 1411. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN
WITH SERIOUS EMOTIONAL DISTURBANCES.
(a) Definition.--Section 565(d)(2)(B) of the Public Health Service
Act (42 U.S.C. 290ff-4(d)(2)(B)) is amended by striking ``may be)'' and
inserting ``may be), kinship caregivers of the child,''.
(b) Authorization of Appropriations.--Paragraph (1) of section
565(f) of the Public Health Service Act (42 U.S.C. 290ff-4(f)) is
amended--
(1) by moving the margin of such paragraph 2 ems to the right;
and
(2) by striking ``$119,026,000 for each of fiscal years 2018
through 2022'' and inserting ``$125,000,000 for each of fiscal
years 2023 through 2027''.
SEC. 1412. SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION
SERVICES FOR CHILDREN AND ADOLESCENTS.
Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is
amended--
(1) in subsection (a), by striking ``Indian tribes or tribal
organizations'' and inserting ``Indian Tribes or Tribal
organizations''; and
(2) in subsection (f), by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
CHAPTER 3--GARRETT LEE SMITH MEMORIAL REAUTHORIZATION
SEC. 1421. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
(a) Technical Amendment.--Section 520C of the Public Health Service
Act (42 U.S.C. 290bb-34) is amended--
(1) by striking ``tribes'' and inserting ``Tribes''; and
(2) by striking ``tribal'' each place it appears and inserting
``Tribal''.
(b) Collaboration.--Section 520C(a) of the Public Health Service
Act (42 U.S.C. 290bb-34(a)) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Collaboration.--In carrying out this subsection, as
applicable with respect to assistance to entities serving members
of the Armed Forces and veterans, the Secretary shall, as
appropriate, collaborate with the Secretary of Defense and the
Secretary of Veterans Affairs.''.
(c) Authorization of Appropriations.--Section 520C(c) of the Public
Health Service Act (42 U.S.C. 290bb-34(c)) is amended by striking
``$5,988,000 for each of fiscal years 2018 through 2022'' and inserting
``$9,000,000 for each of fiscal years 2023 through 2027''.
(d) Annual Report.--Section 520C(d) of the Public Health Service
Act (42 U.S.C. 290bb-34(d)) is amended by striking ``Not later than 2
years after the date of enactment of this subsection, the Secretary
shall submit to Congress'' and inserting ``Not later than 2 years after
the date of the enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives''.
SEC. 1422. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.
Section 520E of the Public Health Service Act (42 U.S.C. 290bb-36)
is amended--
(1) by striking ``tribe'' and inserting ``Tribe'';
(2) by striking ``tribal'' each place it appears and inserting
``Tribal'';
(3) in subsection (a)(1), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(4) by amending subsection (b)(1)(B) to read as follows:
``(B) a public organization or private nonprofit
organization designated by a State or Indian Tribe (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act) to develop or direct the State-sponsored
statewide or Tribal youth suicide early intervention and
prevention strategy; or'';
(5) in subsection (c)--
(A) in paragraph (1), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(B) in paragraph (7), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(C) in paragraph (9), by inserting ``pediatric health
programs,'' after ``educational institutions,'';
(D) in paragraph (13), by striking ``and'' at the end;
(E) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(15) provide to parents, legal guardians, and family members
of youth, supplies to securely store means commonly used in
suicide, if applicable, within the household.'';
(6) in subsection (d)--
(A) in the heading, by striking ``Direct Services'' and
inserting ``Suicide Prevention Activities''; and
(B) by striking ``direct services, of which not less than 5
percent shall be used for activities authorized under
subsection (a)(3)'' and inserting ``suicide prevention
activities'';
(7) in subsection (e)(3)(A), by inserting ``and the Department
of Education, as appropriate'' after ``agencies and suicide working
groups'';
(8) in subsection (g)--
(A) in paragraph (1), by striking ``18'' and inserting
``24''; and
(B) in paragraph (2), by striking ``2 years after the date
of enactment of Helping Families in Mental Health Crisis Reform
Act of 2016'' and inserting ``December 31, 2025'';
(9) in subsection (l)(4), by striking ``between 10 and 24 years
of age'' and inserting ``up to 24 years of age''; and
(10) in subsection (m), by striking ``$30,000,000 for each of
fiscal years 2018 through 2022'' and inserting ``$40,000,000 for
each of fiscal years 2023 through 2027''.
SEC. 1423. MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR
STUDENTS IN HIGHER EDUCATION.
Section 520E-2 of the Public Health Service Act (42 U.S.C. 290bb-
36b) is amended--
(1) in the heading, by striking ``on campus'' and inserting
``for students in higher education'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``mental and substance
use disorders'' and inserting ``mental health and substance use
disorders and promote resiliency'';
(B) in paragraph (4), by striking ``mental and substance
use disorder services.'' and inserting ``mental health and
substance use disorder resources and services.'';
(C) in paragraph (5), by striking ``mental and substance
use'' and inserting ``mental health and substance use'';
(D) in paragraph (6), by striking ``staff to respond
effectively to students with mental and substance use
disorders.'' and inserting ``staff to recognize and respond
effectively and appropriately to students experiencing mental
health and substance use disorders.'';
(E) in paragraph (7), by striking ``mental and substance
use'' and inserting ``mental health and substance use'';
(F) in paragraph (8), by striking ``mental and substance
use'' and inserting ``mental health and substance use.'';
(G) in paragraph (9), by striking ``regarding improving the
behavioral health of students through clinical services,
outreach, prevention, or'' and inserting ``to improve the
behavioral health of students through clinical services,
outreach, prevention, promotion of mental health, or'';
(H) in paragraph (10), by striking ``mental and behavioral
disorders,'' and inserting ``mental and behavioral health
disorders,''; and
(I) in paragraph (12), by striking ``best practices.'' and
inserting ``best practices, and trauma-informed practices.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``mental and substance
use'' and inserting ``mental health and substance use''; and
(B) in paragraph (3), by striking ``promoting access to
services,'' and inserting ``promoting mental health and access
to services,''
(4) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``the Congress'' and inserting ``the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate'';
(B) in paragraph (2), by striking ``including efforts'' and
inserting ``including through prevention, early detection,
early intervention, and efforts''; and
(C) by adding at the end the following:
``(3) An assessment of the mental health and substance use
disorder needs of the populations served by recipients of grants
under this section.''; and
(5) in subsection (i), by striking ``2018 through 2022'' and
inserting ``2023 through 2027'';
SEC. 1424. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION AT
INSTITUTIONS OF HIGHER EDUCATION.
Section 549 of the Public Health Service Act (42 U.S.C. 290ee-4) is
amended--
(1) in the heading, by striking ``on college campuses'' and
inserting ``at institutions of higher education'';
(2) in subsection (c)(2), by inserting ``, including minority-
serving institutions as described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q) and community colleges''
after ``higher education''; and
(3) in subsection (f), by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
CHAPTER 4--MEDIA AND MENTAL HEALTH
SEC. 1431. STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE ON
ADOLESCENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services may conduct or
support research on--
(1) smartphone and social media use by adolescents; and
(2) the effects of such use on--
(A) emotional, behavioral, and physical health and
development; and
(B) any disparities in the mental health outcomes of rural,
minority, and other underserved populations.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Congress, and make publicly available, a report on the findings of
research under this section.
SEC. 1432. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA AND
RELATED TECHNOLOGY ON INFANTS, CHILDREN, AND ADOLESCENTS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, as appropriate,
conduct or support research related to the health and developmental
effects, including long-term effects, of media and related technology
use on infants, children, and adolescents, which may include the
effects of exposure to, and use of, media and related technology, such
as social media, applications, websites, television, motion pictures,
artificial intelligence, mobile devices, computers, video games,
virtual and augmented reality, and other content, networks, or
platforms disseminated through the internet, broadcasted, or other
media technologies, as applicable.
(b) Activities.--In carrying out subsection (a), the Secretary,
acting through the Director of the National Institutes of Health,
shall, as appropriate, develop a research agenda to assess the effects
of media and related technologies on infants, children, and
adolescents, which may include consideration of the following, as
appropriate:
(1) The cognitive development of infants, children, and
adolescents, which may include effects related to language
development, learning abilities, and other areas of cognitive
development.
(2) The physical health of infants, children, and adolescents,
which may include effects related to diet, exercise, sleeping and
eating routines, and other areas of physical development.
(3) The mental health of infants, children, and adolescents,
which may include effects related to self-awareness, social
awareness, relationship skills, decision-making, violence,
bullying, privacy, mental disorders, and other areas related to
mental health.
(c) Consultation.--In developing the research agenda under
subsection (b), the Secretary may consult with appropriate national
research institutes, academies, and centers, relevant consortia, and
non-Federal experts, as appropriate. The Secretary may utilize
scientific workshops, symposia, and other activities to assess current
knowledge and identify relevant research opportunities and gaps in this
area.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Institutes of
Health shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report--
(1) on the progress made in improving data and expanding
research on the health and developmental effects of media and
related technology on infants, children, and adolescents in
accordance with this section; and
(2) that summarizes the grants and research funded under this
section for each of the years covered by the report.
Subtitle E--Miscellaneous Provisions
SEC. 1501. LIMITATIONS ON AUTHORITY.
In carrying out any program of the Substance Abuse and Mental
Health Services Administration whose statutory authorization is enacted
or amended by this title, the Secretary of Health and Human Services
shall not allocate funding, or require award recipients to prioritize,
dedicate, or allocate funding, without consideration of the incidence,
prevalence, or determinants of mental health or substance use issues,
unless such allocation or requirement is consistent with statute,
regulation, or other Federal law.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING
NEW THREATS, AND PANDEMICS
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Prepare for and Respond to
Existing Viruses, Emerging New Threats, and Pandemics Act'' or the
``PREVENT Pandemics Act''.
Subtitle A--Strengthening Federal and State Preparedness
CHAPTER 1--FEDERAL LEADERSHIP AND ACCOUNTABILITY
SEC. 2101. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
(a) In General.--Part A of title III of the Public Health Service
Act (42 U.S.C. 241 et seq.) is amended by inserting after section 304
the following:
``SEC. 305. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION.
``(a) In General.--The Centers for Disease Control and Prevention
(referred to in this section as the `CDC') shall be headed by the
Director of the Centers for Disease Control and Prevention (referred to
in this section as the `Director'), who shall be appointed by the
President, by and with the advice and consent of the Senate. Such
individual shall also serve as the Administrator of the Agency for
Toxic Substances and Disease Registry consistent with section 104(i) of
the Comprehensive Environmental Response, Compensation, and Liability
Act. The Director shall perform functions provided for in subsection
(b) and such other functions as the Secretary may prescribe.
``(b) Functions.--The Secretary, acting through the Director,
shall--
``(1) implement and exercise applicable authorities and
responsibilities provided for in this Act or other applicable law
related to the investigation, detection, identification,
prevention, or control of diseases or conditions to preserve and
improve public health domestically and globally and address
injuries and occupational and environmental hazards, as
appropriate;
``(2) be responsible for the overall direction of the CDC and
for the establishment and implementation of policies related to the
management and operation of programs and activities within the CDC;
``(3) coordinate and oversee the operation of centers,
institutes, and offices within the CDC;
``(4) support, in consultation with the heads of such centers,
institutes, and offices, program coordination across such centers,
institutes, and offices, including through priority setting reviews
and the development of strategic plans, to reduce unnecessary
duplication and encourage collaboration between programs;
``(5) oversee the development, implementation, and updating of
the strategic plan established pursuant to subsection (c);
``(6) ensure that appropriate strategic planning, including the
use of performance metrics, is conducted by such centers,
institutes, and offices to facilitate and improve CDC programs and
activities;
``(7) communicate, including through convening annual meetings,
with public and private entities regarding relevant public health
programs and activities, and, as applicable, the strategic plan
established pursuant to subsection (c).
``(c) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the PREVENT Pandemics Act, and at least every 4 years
thereafter, the Director shall develop and submit to the Committee
on Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives, and post on the website of the CDC, a coordinated
strategy to provide strategic direction and facilitate
collaboration across the centers, institutes, and offices within
the CDC. Such strategy shall be known as the `CDC Strategic Plan'.
``(2) Requirements.--The CDC Strategic Plan shall--
``(A) identify strategic priorities and objectives related
to--
``(i) preventing, reducing, and eliminating the spread
of communicable and noncommunicable diseases or conditions,
and addressing injuries, and occupational and environmental
hazards;
``(ii) supporting the efforts of State, local, and
Tribal health departments to prevent and reduce the
prevalence of the diseases or conditions under clause (i);
``(iii) containing, mitigating, and ending disease
outbreaks;
``(iv) enhancing global and domestic public health
capacity, capabilities, and preparedness, including public
health data, surveillance, workforce, and laboratory
capacity and safety; and
``(v) other priorities, as established by the Director;
``(B) describe the capacity and capabilities necessary to
achieve the priorities and objectives under subparagraph (A),
and progress towards achieving such capacity and capabilities,
as appropriate; and
``(C) include a description of how the CDC Strategic Plan
incorporates--
``(i) strategic communications;
``(ii) partnerships with private sector entities, and
State, local, and Tribal health departments, and other
public sector entities, as appropriate; and
``(iii) coordination with other agencies and offices of
the Department of Health and Human Services and other
Federal departments and agencies, as appropriate.
``(3) Use of plans.--Strategic plans developed and updated by
the centers, institutes, and offices of the CDC shall be prepared
regularly and in such a manner that such plans will be informed by
the CDC Strategic Plan developed and updated under this subsection.
``(d) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Director shall appear
before the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives at hearings on topics such as--
``(A) support for State, local, and Tribal public health
preparedness and responses to any recent or ongoing public
health emergency, including--
``(i) any objectives, activities, or initiatives that
have been carried out, or are planned, by the Director to
prepare for, or respond to, the public health emergency,
including relevant strategic communications or partnerships
and any gaps or challenges identified in such objectives,
activities, or initiatives;
``(ii) any objectives and planned activities for the
upcoming fiscal year to address gaps in, or otherwise
improve, State, local, and Tribal public health
preparedness; and
``(iii) other potential all-hazard threats that the
Director is preparing to address;
``(B) activities related to public health and functions of
the Director described in subsection (b); and
``(C) updates on other relevant activities supported or
conducted by the CDC, or in collaboration or coordination with
the heads of other Federal departments, agencies, or
stakeholders, as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee on
Health, Education, Labor, and Pensions of the Senate or the
Chair of the Committee on Energy and Commerce of the House of
Representatives may waive the requirements of paragraph (1) for
the applicable fiscal year with respect to the applicable
Committee.
``(B) Scope of requirements.--The requirements of this
subsection shall not be construed to impact the appearance of
other Federal officials or the Director at hearings of either
Committee described in paragraph (1) at other times and for
purposes other than the times and purposes described in
paragraph (1).
``(3) Closed hearings.--Information that is not appropriate for
disclosure during an open hearing under paragraph (1) in order to
protect national security may instead be discussed in a closed
hearing that immediately follows the open hearing.
``(e) Other Transactions.--
``(1) In general.--In carrying out activities of the Centers
for Disease Control and Prevention, the Director may enter into
transactions other than a contract, grant, or cooperative agreement
for purposes of infectious disease research, biosurveillance,
infectious disease modeling, and public health preparedness and
response.
``(2) Written determination.--With respect to a project that is
expected to cost the Centers for Disease Control and Prevention
more than $40,000,000, the Director may exercise the authority
under paragraph (1) only upon a written determination by the
Assistant Secretary for Financial Resources of the Department of
Health and Human Services, that the use of such authority is
essential to promoting the success of the project. The authority of
the Assistant Secretary for Financial Resources under this
paragraph may not be delegated.
``(3) Guidelines.--The Director, in consultation with the
Secretary, shall establish guidelines regarding the use of the
authority under paragraph (1). Such guidelines shall include
auditing requirements.''.
(b) Effective Date.--The first sentence of section 305(a) of the
Public Health Service Act, as added by subsection (a), shall take
effect on January 20, 2025.
SEC. 2102. ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 305, as added by section 2101,
the following:
``SEC. 305A. ADVISORY COMMITTEE TO THE DIRECTOR.
``(a) In General.--Not later than 60 days after the date of the
enactment of the PREVENT Pandemics Act, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention
(referred to in this section as the `Director'), shall maintain or
establish an advisory committee within the Centers for Disease Control
and Prevention to advise the Director on policy and strategies that
enable the agency to fulfill its mission.
``(b) Functions and Activities.--The Advisory Committee may--
``(1) make recommendations to the Director regarding ways to
prioritize the activities of the agency in alignment with the CDC
Strategic Plan required under section 305(c);
``(2) advise on ways to achieve or improve performance metrics
in relation to the CDC Strategic Plan, and other relevant metrics,
as appropriate;
``(3) provide advice and recommendations on the development of
the CDC Strategic Plan, and any subsequent updates, as appropriate;
``(4) advise on grants, cooperative agreements, contracts, or
other transactions, as applicable;
``(5) provide other advice to the Director, as requested, to
fulfill duties under sections 301 and 311; and
``(6) appoint subcommittees.
``(c) Membership.--
``(1) In general.--The Advisory Committee shall consist of not
more than 15 non-Federal members, including the Chair, to be
appointed by the Secretary under paragraph (3).
``(2) Ex officio members.--Any ex officio members of the
Advisory Council may consist of--
``(A) the Secretary;
``(B) the Assistant Secretary for Health;
``(C) the Director; and
``(D) such additional officers or employees of the United
States as the Secretary determines necessary for the advisory
committee to effectively carry out its functions.
``(3) Appointed members.--Individuals shall be appointed to the
Advisory Committee under paragraph (1) as follows:
``(A) Twelve of the members shall be appointed by the
Director from among the leading representatives of the health
disciplines (including public health, global health, health
disparities, biomedical research, public health preparedness,
and other fields, as applicable) relevant to the activities of
the agency or center, as applicable.
``(B) Three of the members may be appointed by the
Secretary from the general public and may include leaders in
fields of innovation, public policy, public relations, law,
economics, or management.
``(4) Compensation.--Ex officio members of the Advisory Council
who are officers or employees of the United States shall not
receive any compensation for service on the advisory committee. The
remaining members of the advisory committee may receive, for each
day (including travel time) they are engaged in the performance of
the functions of the advisory committee, compensation at rates not
to exceed the daily equivalent to the annual rate of basic pay for
level III of the Executive Schedule under section 5314 of title 5,
United States Code.
``(5) Terms of office.--
``(A) In general.--The term of office of a member of the
advisory committee appointed under paragraph (3) shall be 4
years, except that any member appointed to fill a vacancy for
an unexpired term shall serve for the remainder of such term.
The Secretary shall make appointments to the advisory committee
in such a manner as to ensure that the terms of the members not
all expire in the same year. A member of the advisory committee
may serve after the expiration of such member's term until a
successor has been appointed and taken office.
``(B) Reappointments.--A member who has been appointed to
the advisory committee for a term of 4 years may not be
reappointed to the advisory committee during the 2-year period
beginning on the date on which such 4-year term expired.
``(C) Time for appointment.--If a vacancy occurs in the
advisory committee among the members appointed under paragraph
(3), the Secretary shall make an appointment to fill such
vacancy within 90 days from the date the vacancy occurs.
``(d) Chair.--The Secretary shall select a member of the advisory
committee to serve as the Chair of the committee. The Secretary may so
select an individual from among the appointed members. The term of
office of the chair shall be 2 years.
``(e) Meetings.--The advisory committee shall meet at the call of
the Chair or upon request of the Director, but in no event less than 2
times during each fiscal year.
``(f) Executive Secretary and Staff.--The Director shall designate
a member of the staff of the agency to serve as the executive secretary
of the advisory committee. The Director shall make available to the
advisory committee such staff, information, and other assistance as it
may require to carry out its functions. The Director shall provide
orientation and training for new members of the advisory committee to
provide for their effective participation in the functions of the
advisory committee.''.
SEC. 2103. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE
COORDINATION.
(a) Public Health Emergency Fund.--Section 319(b) of the Public
Health Service Act (42 U.S.C. 247d(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E), the following:
``(F) support the initial deployment and distribution of
contents of the Strategic National Stockpile, as appropriate;
and''; and
(2) by amending paragraph (3)(A) to read as follows:
``(A) the expenditures made from the Public Health
Emergency Fund in such fiscal year, including--
``(i) the amount obligated;
``(ii) the recipient or recipients of such obligated
funds;
``(iii) the specific response activities such obligated
funds will support; and
``(iv) the declared or potential public health
emergency for which such funds were obligated; and''.
(b) Improving Public Health and Medical Preparedness and Response
Coordination.--
(1) Coordination with federal agencies.--Section 2801 of the
Public Health Service Act (42 U.S.C. 300hh) is amended by adding at
the end the following:
``(c) Coordination With Federal Agencies.--In leading the Federal
public health and medical response to a declared or potential public
health emergency, consistent with this section, the Secretary shall
coordinate with, and may request support from, other Federal
departments and agencies, as appropriate in order to carry out
necessary activities and leverage the expertise of such departments and
agencies, which may include the provision of assistance at the
direction of the Secretary related to supporting the public health and
medical response for States, localities, and Tribes.''.
(2) ASPR duties.--Section 2811(b) of the Public Health Service
Act (42 U.S.C. 300hh-10(b)) is amended--
(A) in paragraph (1), by inserting ``and, consistent with
the National Response Framework and other applicable provisions
of law, assist the Secretary in carrying out the functions
under section 2801'' before the period; and
(B) in paragraph (4)--
(i) in subparagraph (E) by striking ``the actions
necessary to overcome these obstacles.'' and inserting
``recommend actions necessary to overcome these obstacles,
such as--
``(i) improving coordination with relevant Federal
officials;
``(ii) partnering with other public or private entities
to leverage capabilities maintained by such entities, as
appropriate and consistent with this subsection; and
``(iii) coordinating efforts to support or establish
new capabilities, as appropriate.'';
(ii) in subparagraph (G)--
(I) by redesignating clauses (i) and (ii) as
subclauses (I) and (II) and adjusting the margins
accordingly;
(II) in the matter preceding subclause (I), as so
redesignated--
(aa) by inserting ``each year, including
national-level and State-level full-scale exercises
not less than once every 4 years'' after
``operational exercises''; and
(bb) by striking ``exercises based on--'' and
inserting ``exercises--
``(i) based on'';
(III) by striking the period and inserting a
semicolon; and
(IV) by adding at the end the following:
``(ii) that assess the ability of the Strategic
National Stockpile, as appropriate, to provide medical
countermeasures, medical products, and other supplies,
including ancillary medical supplies, to support the
response to a public health emergency or potential public
health emergency, including a threat that requires the
large-scale and simultaneous deployment of stockpiles and a
long-term public health and medical response; and
``(iii) conducted in coordination with State and local
health officials.''; and
(iii) by adding at the end the following:
``(J) Medical product and supply capacity planning.--
Coordinate efforts within the Department of Health and Human
Services to support--
``(i) preparedness for medical product and medical
supply needs directly related to responding to chemical,
biological, radiological, or nuclear threats, including
emerging infectious diseases, and incidents covered by the
National Response Framework, including--
``(I) sharing information, including with
appropriate stakeholders, related to the anticipated
need for, and availability of, such products and
supplies during such responses;
``(II) supporting activities, which may include
public-private partnerships, to maintain capacity of
medical products and medical supplies, as applicable
and appropriate; and
``(III) planning for potential surges in medical
supply needs for purposes of a response to such a
threat; and
``(ii) situational awareness with respect to
anticipated need for, and availability of, such medical
products and medical supplies within the United States
during a response to such a threat.''.
(c) Appearances Before and Reports to Congress.--Section 2811 of
the Public Health Service Act (42 U.S.C. 300hh-10) is amended by adding
at the end the following:
``(g) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Assistant Secretary
for Preparedness and Response shall appear before the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives at
hearings, on topics such as--
``(A) coordination of Federal activities to prepare for,
and respond to, public health emergencies;
``(B) activities and capabilities of the Strategic National
Stockpile, including whether, and the degree to which,
recommendations made pursuant to section 2811-1(c)(1)(A) have
been met;
``(C) support for State, local, and Tribal public health
and medical preparedness;
``(D) activities implementing the countermeasures budget
plan described under subsection (b)(7), including--
``(i) any challenges in meeting the full range of
identified medical countermeasure needs; and
``(ii) progress in supporting advanced research,
development, and procurement of medical countermeasures,
pursuant to subsection (b)(3);
``(E) the strategic direction of, and activities related
to, the sustainment of manufacturing surge capacity and
capabilities for medical countermeasures pursuant to section
319L and the distribution and deployment of such
countermeasures;
``(F) any additional objectives, activities, or initiatives
that have been carried out or are planned by the Assistant
Secretary for Preparedness and Response and associated
challenges, as appropriate;
``(G) the specific all-hazards threats that the Assistant
Secretary for Preparedness and Response is preparing to
address, or that are being addressed, through the activities
described in subparagraphs (A) through (F); and
``(H) objectives, activities, or initiatives related to the
coordination and consultation required under subsections
(b)(4)(H) and (b)(4)(I), in a manner consistent with paragraph
(3), as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee on
Health, Education, Labor, and Pensions of the Senate or the
Chair of the Committee on Energy and Commerce of the House of
Representatives may waive the requirements of paragraph (1) for
the applicable fiscal year with respect to the applicable
Committee.
``(B) Scope of requirements.--The requirements of this
subsection shall not be construed to impact the appearance of
other Federal officials or the Assistant Secretary at hearings
of either Committee described in paragraph (1) at other times
and for purposes other than the times and purposes described in
paragraph (1)
``(3) Closed hearings.--Information that is not appropriate for
disclosure during an open hearing under paragraph (1) in order to
protect national security may instead be discussed in a closed
hearing that immediately follows such open hearing.''.
(d) Annual Report on Emergency Response and Preparedness.--Section
2801 of the Public Health Service Act (42 U.S.C. 300hh), as amended by
subsection (b), is further amended by adding at the end the following:
``(d) Annual Report on Emergency Response and Preparedness.--The
Secretary shall submit a written report each fiscal year to the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives, containing--
``(1) updated information related to an assessment of the
response to any public health emergency declared, or otherwise in
effect, during the previous fiscal year;
``(2) findings related to drills and operational exercises
completed in the previous fiscal year pursuant to section
2811(b)(4)(G);
``(3) the state of public health preparedness and response
capabilities for chemical, biological, radiological, and nuclear
threats, including emerging infectious diseases; and
``(4) any challenges in preparing for or responding to such
threats, as appropriate.''.
(e) GAO Report on Interagency Agreements and Coordination.--Not
later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct a review of previous and current interagency
agreements established between the Secretary of Health and Human
Services and the heads of other relevant Federal departments or
agencies pursuant to section 2801(b) of the Public Health Service
Act (42 U.S.C. 300hh(b)), including--
(A) the specific roles and responsibilities of each Federal
department or agency that is a party to any such interagency
agreement;
(B) the manner in which specific capabilities of each such
Federal department or agency may be utilized under such
interagency agreements;
(C) the frequency with which such interagency agreements
have been utilized;
(D) gaps, if any, in interagency agreements that prevent
the Secretary from carrying out the goals under section 2802 of
the Public Health Service Act (42 U.S.C. 300hh-1);
(E) barriers, if any, to establishing or utilizing such
interagency agreements; and
(F) recommendations, if any, on the ways in which such
interagency agreements can be improved to address the gaps and
barriers identified under subparagraphs (D) and (E);
(2) conduct a review of the implementation and utilization of
the authorities described under section 2801(c) of the Public
Health Service Act (42 U.S.C. 300hh(c)); and
(3) submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report on the reviews under
paragraphs (1) and (2), including related recommendations, as
applicable.
SEC. 2104. OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE POLICY.
(a) In General.--There is established in the Executive Office of
the President an Office of Pandemic Preparedness and Response Policy
(referred to in this section as the ``Office''), which shall be headed
by a Director (referred to in this section as the ``Director'')
appointed by the President and who shall be compensated at the rate
provided for level II of the Executive Schedule in section 5313 of
title 5, United States Code. The President is authorized to appoint not
more than 2 Associate Directors, who shall be compensated at a rate not
to exceed that provided for level III of the Executive Schedule in
section 5314 of such title. Associate Directors shall perform such
functions as the Director may prescribe.
(b) Functions of the Director.--The primary function of the
Director is to provide advice, within the Executive Office of the
President, on policy related to preparedness for, and response to,
pandemic and other biological threats that may impact national
security, and support strategic coordination and communication with
respect to relevant activities across the Federal Government. In
addition to such other functions and activities as the President may
assign, the Director, consistent with applicable laws and the National
Response Framework, shall--
(1) serve as the principal advisor to the President on all
matters related to pandemic preparedness and response policy and
make recommendations to the President regarding pandemic and other
biological threats that may impact national security;
(2) coordinate Federal activities to prepare for, and respond
to, pandemic and other biological threats, by--
(A) providing strategic direction to the heads of
applicable Federal departments, agencies, and offices,
including--
(i) the establishment, implementation, prioritization,
and assessment of policy goals and objectives across the
Executive Office of the President and such departments,
agencies, and offices;
(ii) supporting the assessment and clarification of
roles and responsibilities related to such Federal
activities; and
(iii) supporting the development and implementation of
metrics and performance measures to evaluate the extent to
which applicable activities meet such goals and objectives;
(B) providing, in consultation with the Secretary of Health
and Human Services and the heads of other relevant Federal
departments, agencies, and offices, leadership with respect to
the National Biodefense Strategy and related activities
pursuant to section 1086 of the National Defense Authorization
Act for Fiscal Year 2017 (6 U.S.C. 104) and section 363 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (6 U.S.C. 105);
(C) facilitating coordination and communication between
such Federal departments, agencies, and offices to improve
preparedness for, and response to, such threats;
(D) ensuring that the authorities, capabilities, and
expertise of each such department, agency, and office are
appropriately leveraged to facilitate the whole-of-Government
response to such threats;
(E) overseeing coordination of Federal efforts to prepare
for and support the production, supply, and distribution of
relevant medical products and supplies during a response to a
pandemic or other biological threat, as applicable and
appropriate, including supporting Federal efforts to assess any
relevant vulnerabilities in the supply chain of such products
and supplies, and identify opportunities for private entities
to engage with the Federal Government to address medical
product and medical supply needs during such a response;
(F) overseeing coordination of Federal efforts for the
basic and advanced research, development, manufacture, and
procurement of medical countermeasures for such threats,
including by--
(i) serving, with the Secretary of Health and Human
Services, as co-Chair of the Public Health Emergency
Medical Countermeasures Enterprise established pursuant to
section 2811-1 of the Public Health Service Act (42 U.S.C.
300hh-10a);
(ii) promoting coordination between the medical
countermeasure research, development, and procurement
activities of respective Federal departments and agencies,
including to advance the discovery and development of new
medical products and technologies;
(G) convening heads of Federal departments and agencies, as
appropriate, on topics related to capabilities to prepare for,
and respond to, such threats;
(H) assessing and advising on international cooperation in
preparing for, and responding to, such threats to advance the
national security objectives of the United States; and
(I) overseeing other Federal activities to assess
preparedness for, and responses to, such threats, including--
(i) drills and operational exercises conducted pursuant
to applicable provisions of law; and
(ii) Federal after-action reports developed following
such drills and exercises or a response to a pandemic or
other biological threat;
(3) promote and support the development of relevant expertise
and capabilities within the Federal Government to ensure that the
United States can quickly detect, identify, and respond to such
threats, and provide recommendations, as appropriate, to the
President;
(4) consult with the Director of the Office of Management and
Budget and other relevant officials within the Executive Office of
the President, including the Assistant to the President for
National Security Affairs and the Director of the Office of Science
and Technology Policy, regarding activities related to preparing
for, and responding to, such threats and relevant research and
emerging technologies that may advance the biosecurity and
preparedness and response goals of the Federal Government;
(5) identify opportunities to leverage current and emerging
technologies, including through public-private partnerships, as
appropriate, to address such threats and advance the preparedness
and response goals of the Federal Government; and
(6) ensure that findings of Federal after-action reports
conducted pursuant to paragraph (2)(I)(ii) are implemented to the
maximum extent feasible within the Federal Government.
(c) Support From Other Agencies.--Each department, agency, and
instrumentality of the executive branch of the Federal Government,
including any independent agency, is authorized to support the Director
by providing the Director such information as the Director determines
necessary to carry out the functions of the Director under this
section.
(d) Preparedness Outlook Report.--
(1) In general.--Within its first year of operation, the
Director, in consultation with the heads of relevant Federal
departments and agencies and other officials within the Executive
Office of the President, shall through a report submitted to the
President and made available to the public, to the extent
practicable, identify and describe situations and conditions which
warrant special attention within the next 5 years, involving
current and emerging problems of national significance related to
pandemic or other biological threats, and opportunities for, and
the barriers to, the research, development, and procurement of
medical countermeasures to adequately respond to such threats.
(2) Revisions.--The Office shall revise the report under
paragraph (1) not less than once every 5 years and work with
relevant Federal officials to address the problems, barriers,
opportunities, and actions identified under this report through the
development of the President's Budgets and programs.
(e) Interdepartmental Working Group.--The Director shall lead an
interdepartmental working group that will meet on a regular basis to
evaluate national biosecurity and pandemic preparedness issues and make
recommendations to the heads of applicable Federal departments,
agencies and offices. The working group shall consist of
representatives from--
(1) the Office of Pandemic Preparedness and Response Policy, to
serve as the chair;
(2) the Department of Health and Human Services;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Office of Management and Budget; and
(6) other Federal Departments and agencies.
(f) Industry Liaison.--
(1) In general.--Not later than 10 days after the initiation of
a Federal response to a pandemic or other biological threat that
may pose a risk to national security, the Director shall appoint an
Industry Liaison within the Office of Pandemic Preparedness and
Response Policy to serve until the termination of such response.
(2) Activities.--The Industry Liaison shall--
(A) not later than 20 days after the initiation of such
response, identify affected industries and develop a plan to
regularly communicate with, and receive input from, affected
industries;
(B) work with relevant Federal departments and agencies to
support information sharing and coordination with industry
stakeholders; and
(C) communicate, and support the provision of technical
assistance, as applicable, with private entities interested in
supporting such response, which may include entities not
historically involved in the public health or medical sectors,
as applicable and appropriate.
(g) Additional Functions of the Director.--The Director, in
addition to the other duties and functions set forth in this section--
(1) shall--
(A) serve as a member of the Domestic Policy Council and
the National Security Council;
(B) serve as a member of the Intergovernmental Science,
Engineering, and Technology Advisory Panel under section 205(b)
of the National Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6614(b)) and the Federal
Coordinating Council for Science, Engineering and Technology
under section 401 of such Act (42 U.S.C. 6651);
(C) consult with State, Tribal, local, and territorial
governments, industry, academia, professional societies, and
other stakeholders, as appropriate;
(D) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies; and
(E) at the President's request, perform such other duties
and functions and enter into contracts and other arrangements
for studies, analyses, and related services with public or
private entities, as applicable and appropriate; and
(2) may hold such hearings in various parts of the United
States as necessary to determine the views of the entities and
individuals referred to in paragraph (1) and of the general public,
concerning national needs and trends in pandemic preparedness and
response.
(h) Staffing and Detailees.--In carrying out functions under this
section, the Director may--
(1) appoint not more than 25 individuals to serve as employees
of the Office as necessary to carry out this section;
(2) fix the compensation of such personnel at a rate to be
determined by the Director, up to the amount of annual compensation
(excluding expenses) specified in section 102 of title 3, United
States Code;
(3) utilize the services of consultants, which may include by
obtaining services described under section 3109(b) of title 5,
United States Code, at rates not to exceed the rate of basic pay
for level IV of the Executive Schedule; and
(4) direct, with the concurrence of the Secretary of a
department or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such department or
agency, in order to carry out the functions of the Office.
(i) Preparedness Review and Report.--The Director, in consultation
with the heads of applicable Federal departments, agencies, and
offices, shall--
(1) not later than 1 year after the date of enactment of this
Act, conduct a review of applicable Federal strategies, policies,
procedures, and after-action reports to identify gaps and
inefficiencies related to pandemic preparedness and response;
(2) not later than 18 months after the date of enactment of
this Act, and every 2 years thereafter, submit to the President and
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing--
(A) current and emerging pandemic and other biological
threats that pose a significant level of risk to national
security;
(B) the roles and responsibilities of the Federal
Government in preparing for, and responding to, such threats;
(C) the findings of the review conducted under paragraph
(1);
(D) any barriers or limitations related to addressing such
findings;
(E) current and planned activities to update Federal
strategies, policies, and procedures to address such findings,
consistent with applicable laws and the National Response
Framework;
(F) current and planned activities to support the
development of expertise within the Federal Government pursuant
to subsection (b)(3); and
(G) opportunities to improve Federal preparedness and
response capacities and capabilities through the use of current
and emerging technologies.
(j) Nonduplication of Effort.--The Director shall ensure that
activities carried out under this section do not unnecessarily
duplicate the efforts of other Federal departments, agencies, and
offices.
(k) Conforming Amendments.--
(1) Section 2811-1 of the Public Health Service Act (42 U.S.C.
300hh-10a) is amended--
(A) in the second sentence of subsection (a), by striking
``shall serve as chair'' and inserting ``and the Director of
the Office of Pandemic Preparedness and Response Policy shall
serve as co-chairs''; and
(B) in subsection (b)--
(i) by redesignating paragraph (10) as paragraph (11);
and
(ii) by inserting after paragraph (9) the following:
``(10) The Director of the Office of Pandemic Preparedness and
Response Policy.''.
(2) Section 101(c)(1) of the National Security Act of 1947 (50
U.S.C. 3021(c)(1)) is amended by inserting ``the Director of the
Office of Pandemic Preparedness and Response Policy'' after
``Treasury,''.
(3) The National Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended--
(A) in section 205(b)(2) (42 U.S.C. 6614(b)(2))--
(i) by striking ``and (C)'' and inserting ``(C)''; and
(ii) by striking the period at the end and inserting
``; and (D) the Director of the Office of Pandemic
Preparedness and Response Policy.''; and
(B) in section 401(b) (42 U.S.C. 6651(b)), by inserting ``,
the Director of the Office of Pandemic Preparedness and
Response Policy,'' after ``Technology Policy''.
CHAPTER 2--STATE AND LOCAL READINESS
SEC. 2111. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.
(a) In General.--Section 319C-1(b)(2) of the Public Health Service
Act (42 U.S.C. 247d-3a(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vii), by inserting ``during and'' before
``following a public health emergency'';
(B) by amending clause (viii) to read as follows:
``(viii) a description of how the entity, as applicable
and appropriate, will coordinate with State emergency
preparedness and response plans in public health emergency
preparedness, including State education agencies (as
defined in section 8101 of the Elementary and Secondary
Education Act of 1965), State child care lead agencies
(designated under section 658D of the Child Care and
Development Block Grant Act of 1990), and other relevant
State agencies'';
(C) in clause (xi), by striking ``; and'' and inserting a
semicolon;
(D) by redesignating clause (xii) as clause (xiii); and
(E) by inserting after clause (xi) the following:
``(xii) a description of how the entity will provide
technical assistance to improve public health preparedness
and response, as appropriate, to agencies or other entities
that operate facilities within the entity's jurisdiction in
which there is an increased risk of infectious disease
outbreaks in the event of a public health emergency
declared under section 319, such as residential care
facilities, group homes, and other similar settings; and'';
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively; and
(3) by inserting after subparagraph (C) the following:
``(D) an assurance that the entity will require relevant
staff to complete relevant preparedness and response trainings,
including trainings related to efficient and effective
operation during an incident or event within an Incident
Command System;''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply with respect to any cooperative agreement entered into prior to
the date of enactment of this Act.
SEC. 2112. SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE
DISORDER SERVICES DURING PUBLIC HEALTH EMERGENCIES.
(a) Authorities.--Section 501(d) of the Public Health Service Act
(42 U.S.C. 290aa(d)) is amended--
(1) by redesignating paragraphs (24) and (25) as paragraphs
(25) and (26), respectively; and
(2) by inserting after paragraph (23) the following:
``(24) support the continued access to, or availability of,
mental health and substance use disorder services during, or in
response to, a public health emergency declared under section 319,
including in consultation with, as appropriate, the Assistant
Secretary for Preparedness and Response, the Director of the
Centers for Disease Control and Prevention, and the heads of other
relevant agencies, in preparing for, and responding to, a public
health emergency;''.
(b) Strategic Plan.--Section 501(l)(4) of the Public Health Service
Act (42 U.S.C. 290aa(l)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(G) specify a strategy to support the continued access
to, or availability of, mental health and substance use
disorder services, including to at-risk individuals (as defined
in section 2802(b)(4)), during, or in response to, public
health emergencies declared pursuant to section 319.''.
(c) Biennial Report Concerning Activities and Progress.--Section
501(m) of the Public Health Service Act (42 U.S.C. 290aa(m)) is
amended--
(1) by redesignating paragraphs (4) through (7) as paragraphs
(5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) a description of the Administration's activities to
support the continued provision of mental health and substance use
disorder services, as applicable, in response to public health
emergencies declared pursuant to section 319;''; and
(3) in paragraph (5), as so redesignated--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
``(D) relevant preparedness and response activities;''.
(d) Advisory Councils.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary for Mental Health and
Substance Use shall issue a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on Appropriations of
the Senate and the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives, reflecting the
feedback of the advisory councils for the Center for Substance Abuse
Treatment, the Center for Substance Abuse Prevention, and the Center
for Mental Health Services, pursuant to section 502 of the Public
Health Service Act (42 U.S.C. 290aa-1), with recommendations to improve
the continued provision of mental health and substance use disorder
services during a public health emergency declared under section 319 of
such Act (42 U.S.C. 247d), and the provision of such services as part
of the public health and medical response to such an emergency,
consistent with title XXVIII of such Act (42 U.S.C. 300hh et seq.),
including related to the capacity of the mental health and substance
use disorder workforce and flexibilities provided to awardees of mental
health and substance use disorder programs.
(e) GAO Report.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report on programs and activities of the Substance
Abuse and Mental Health Services Administration to support the
provision of mental health and substance use disorder services and
related activities during the COVID-19 pandemic, including the
provision of such services as part of the medical and public health
response to such pandemic. Such report shall--
(1) examine the role played by the advisory councils described
in section 502 of the Public Health Service Act (42 U.S.C. 290aa-1)
and the National Mental Health and Substance Use Policy Laboratory
established under section 501A of such Act (42 U.S.C. 290aa-0) in
providing technical assistance and recommendations to the Substance
Abuse and Mental Health Services Administration to support the
response of such agency to the public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d)
with respect to COVID-19;
(2) describe the manner in which existing awardees of mental
health and substance use disorder programs provided and altered
delivery of services during such public health emergency, including
information on the populations served by such awardees and any
barriers faced in delivering services; and
(3) describe activities of the Substance Abuse and Mental
Health Services Administration to support the response to such
public health emergency, including through technical assistance,
provision of services, and any flexibilities provided to such
existing awardees, and any barriers faced in implementing such
activities.
SEC. 2113. TRAUMA CARE REAUTHORIZATION.
(a) In General.--Section 1201 of the Public Health Service Act (42
U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by inserting ``analyze,'' after ``compile,''; and
(ii) by inserting ``and medically underserved areas''
before the semicolon;
(B) in paragraph (4), by adding ``and'' after the
semicolon;
(C) by striking paragraph (5); and
(D) by redesignating paragraph (6) as paragraph (5);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Trauma Care Readiness and Coordination.--The Secretary,
acting through the Assistant Secretary for Preparedness and Response,
shall support the efforts of States and consortia of States to
coordinate and improve emergency medical services and trauma care
during a public health emergency declared by the Secretary pursuant to
section 319 or a major disaster or emergency declared by the President
under section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. Such support may
include--
``(1) developing, issuing, and updating guidance, as
appropriate, to support the coordinated medical triage and
evacuation to appropriate medical institutions based on patient
medical need, taking into account regionalized systems of care;
``(2) disseminating, as appropriate, information on evidence-
based or evidence-informed trauma care practices, taking into
consideration emergency medical services and trauma care systems,
including such practices identified through activities conducted
under subsection (a) and which may include the identification and
dissemination of performance metrics, as applicable and
appropriate; and
``(3) other activities, as appropriate, to optimize a
coordinated and flexible approach to the emergency response and
medical surge capacity of hospitals, other health care facilities,
critical care, and emergency medical systems.''.
(b) Grants to Improve Trauma Care in Rural Areas.--Section 1202 of
the Public Health Service Act (42 U.S.C. 300d-3) is amended--
(1) by amending the section heading to read as follows:
``grants to improve trauma care in rural areas'';
(2) by amending subsections (a) and (b) to read as follows:
``(a) In General.--The Secretary shall award grants to eligible
entities for the purpose of carrying out research and demonstration
projects to support the improvement of emergency medical services and
trauma care in rural areas through the development of innovative uses
of technology, training and education, transportation of seriously
injured patients for the purposes of receiving such emergency medical
services, access to prehospital care, evaluation of protocols for the
purposes of improvement of outcomes and dissemination of any related
best practices, activities to facilitate clinical research, as
applicable and appropriate, and increasing communication and
coordination with applicable State or Tribal trauma systems.
``(b) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under this
section, an entity shall be a public or private entity that
provides trauma care in a rural area.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that will
provide services under the grant in any rural area identified by a
State under section 1214(d)(1).''; and
(3) by adding at the end the following:
``(d) Reports.--An entity that receives a grant under this section
shall submit to the Secretary such reports as the Secretary may require
to inform administration of the program under this section.''.
(c) Competitive Grants for Trauma Centers.--Section 1204 of the
Public Health Service Act (42 U.S.C. 300d-6) is amended--
(1) by amending the section heading to read as follows:
``competitive grants for trauma centers'';
(2) in subsection (a)--
(A) by striking ``that design, implement, and evaluate''
and inserting ``to design, implement, and evaluate new or
existing'';
(B) by striking ``emergency care'' and inserting
``emergency medical''; and
(C) by inserting ``, and improve access to trauma care
within such systems'' before the period;
(3) in subsection (b)(1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) a State or consortia of States;
``(B) an Indian Tribe or Tribal organization (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act);
``(C) a consortium of level I, II, or III trauma centers
designated by applicable State or local agencies within an
applicable State or region, and, as applicable, other emergency
services providers; or
``(D) a consortium or partnership of nonprofit Indian
Health Service, Indian Tribal, and urban Indian trauma
centers.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``that proposes a pilot project'';
(ii) by striking ``an emergency medical and trauma
system that--'' and inserting ``a new or existing emergency
medical and trauma system. Such eligible entity shall use
amounts awarded under this subsection to carry out 2 or
more of the following activities:'';
(B) in paragraph (1) --
(i) by striking ``coordinates'' and inserting
``Strengthening coordination and communication''; and
(ii) by striking ``an approach to emergency medical and
trauma system access throughout the region, including 9-1-1
Public Safety Answering Points and emergency medical
dispatch;'' and inserting ``approaches to improve
situational awareness and emergency medical and trauma
system access.'';
(C) in paragraph (2)--
(i) by striking ``includes'' and inserting
``Providing'';
(ii) by inserting ``support patient movement to'' after
``region to''; and
(iii) by striking the semicolon and inserting a period;
(D) in paragraph (3)--
(i) by striking ``allows for'' and inserting
``Improving''; and
(ii) by striking ``; and'' and inserting a period;
(E) in paragraph (4), by striking ``includes a consistent''
and inserting ``Supporting a consistent''; and
(F) by adding at the end the following:
``(5) Establishing, implementing, and disseminating, or
utilizing existing, as applicable, evidence-based or evidence-
informed practices across facilities within such emergency medical
and trauma system to improve health outcomes, including such
practices related to management of injuries, and the ability of
such facilities to surge.
``(6) Conducting activities to facilitate clinical research, as
applicable and appropriate.'';
(5) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``the proposed'' and inserting ``the applicable emergency
medical and trauma system'';
(ii) in clause (i), by inserting ``or Tribal entity''
after ``equivalent State office''; and
(iii) in clause (vi), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) for eligible entities described in subparagraph (C)
or (D) of subsection (b)(1), a description of, and evidence of,
coordination with the applicable State Office of Emergency
Medical Services (or equivalent State Office) or applicable
such office for a Tribe or Tribal organization; and'';
(6) in subsection (e), by adding at the end the following:
``(3) Effective date.--The matching requirement described in
paragraph (1) shall take effect on October 1, 2025.'';
(7) in subsection (f), by striking ``population in a medically
underserved area'' and inserting ``medically underserved
population'';
(8) in subsection (g)--
(A) in the matter preceding paragraph (1), by striking
``described in'';
(B) in paragraph (2), by striking ``the system
characteristics that contribute to'' and inserting
``opportunities for improvement, including recommendations for
how to improve'';
(C) by striking paragraph (4);
(D) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively;
(E) in paragraph (4), as so redesignated, by striking ``;
and'' and inserting a semicolon;
(F) in paragraph (5), as so redesignated, by striking the
period and inserting ``; and''; and
(G) by adding at the end the following:
``(6) any evidence-based or evidence-informed strategies
developed or utilized pursuant to subsection (c)(5).''; and
(9) by amending subsection (h) to read as follows:
``(h) Dissemination of Findings.--Not later than 1 year after the
completion of the final project under subsection (a), the Secretary
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report describing the information contained in each
report submitted pursuant to subsection (g) and any additional actions
planned by the Secretary related to regionalized emergency care and
trauma systems.''.
(d) Program Funding.--Section 1232(a) of the Public Health Service
Act (42 U.S.C. 300d-32(a)) is amended by striking ``2010 through 2014''
and inserting ``2023 through 2027''.
SEC. 2114. ASSESSMENT OF CONTAINMENT AND MITIGATION OF INFECTIOUS
DISEASES.
(a) GAO Study.--The Comptroller General of the United States shall
conduct a study that reviews a geographically diverse sample of States
and territories that, in response to the COVID-19 pandemic, implemented
preparedness and response plans that included isolation and quarantine
recommendations or requirements. Such study shall include--
(1) a review of such State and territorial preparedness and
response plans in place during the COVID-19 pandemic, an assessment
of the extent to which such plans facilitated or presented
challenges to State and territorial responses to such public health
emergency, including response activities relating to isolation and
quarantine to prevent the spread of COVID-19; and
(2) a description of the technical assistance provided by the
Federal Government to help States and territories facilitate such
response activities during responses to relevant public health
emergencies declared by the Secretary of Health and Human Services
pursuant to section 319 of the Public Health Service Act, including
the public health emergency with respect to COVID-19, and a review
of the degree to which such State and territorial plans were
implemented and subsequently revised in response to the COVID-19
pandemic to address any challenges.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report on the study under subsection (a) to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 2115. CONSIDERATION OF UNIQUE CHALLENGES IN NONCONTIGUOUS STATES
AND TERRITORIES.
During any public health emergency declared under section 319 of
the Public Health Service Act (42 U.S.C. 247d), the Secretary of Health
and Human Services shall conduct quarterly meetings or consultations,
as applicable or appropriate, with noncontiguous States and territories
with regard to addressing unique public health challenges in such
States and territories associated with such public health emergency.
Subtitle B--Improving Public Health Preparedness and Response Capacity
CHAPTER 1--IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES
SEC. 2201. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
(a) In General.--Part B of title III of the Public Health Service
Act (42 U.S.C. 243 et seq.) is amended--
(1) by inserting after section 317U the following:
``SEC. 317V. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH OUTCOMES.
``(a) In General.--The Secretary may, as appropriate, award grants,
contracts, or cooperative agreements to eligible entities for the
conduct of evidence-based or evidence-informed projects, which may
include the development of networks to improve health outcomes by
improving the capacity of such entities to address factors that
contribute to negative health outcomes in communities.
``(b) Eligible Entities.--To be eligible to receive an award under
this section, an entity shall--
``(1)(A) be a State, local, or Tribal health department,
community-based organization, Indian Tribe or Tribal organization
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act), urban Indian
organization (as defined in section 4 of the Indian Health Care
Improvement Act), or other public or private entity, as the
Secretary determines appropriate; or
``(B) be a consortia of entities described in subparagraph (A)
or a public-private partnership, including a community partnership;
``(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary shall
require;
``(3) in the case of an entity other than a community-based
organization, demonstrate a history of successfully working with an
established community-based organization to address health
outcomes; and
``(4) submit a plan to conduct activities described in
subsection (a) based on a community needs assessment that takes
into account community input.
``(c) Use of Funds.--An entity described in subsection (b) shall
use funds received under subsection (a), in consultation with State,
local, and Tribal health departments, community-based organizations,
entities serving medically underserved communities, and other entities,
as applicable, for one or more of the following purposes:
``(1) Supporting the implementation, evaluation, and
dissemination of strategies, through evidence-informed or evidence-
based programs and through the support and use of public health and
health care professionals to address factors related to health
outcomes.
``(2) Establishing, maintaining, or improving, in consultation
with State, local, or Tribal health departments, technology
platforms or networks to support, in a manner that is consistent
with applicable Federal and State privacy law--
``(A) coordination among appropriate entities, and, as
applicable and appropriate, activities to improve such
coordination;
``(B) information sharing on health and related social
services; and
``(C) technical assistance and related support for entities
participating in the platforms or networks.
``(3) Implementing best practices for improving health outcomes
and reducing disease among underserved populations.
``(4) Supporting consideration of factors related to health
outcomes in preparing for, and responding to, public health
emergencies, through outreach, education, research, and other
relevant activities.
``(d) Best Practices and Technical Assistance.--The Secretary, in
consultation with the Director of the Office of Minority Health, the
National Coordinator for Health Information Technology, and the
Administrator of the Administration for Community Living, may award
grants, contracts, and cooperative agreements to public or nonprofit
private entities, including minority serving institutions (defined, for
purposes of this subsection, as institutions and programs described in
section 326(e)(1) of the Higher Education Act of 1965 and institutions
described in section 371(a) of such Act of 1965), to--
``(1) identify or facilitate the development of best practices
to support improved health outcomes for underserved populations;
``(2) provide technical assistance, training, and evaluation
assistance to award recipients under subsection (a);
``(3) disseminate best practices, including to award recipients
under subsection (a); and
``(4) leverage, establish, or operate regional centers to
develop, evaluate, and disseminate effective strategies on factors
related to health outcomes, including supporting research and
training related to such strategies.
``(e) Award Periods.--The Secretary shall issue awards under this
section for periods of not more than 5 years and may issue extensions
of such award periods for an additional period of up to 3 years.
``(f) Report.--Not later than September 30, 2026, the Secretary
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report that includes information on activities funded
under this section. Such report shall include a description of--
``(1) changes in the capacity of public health entities to
address factors related to health outcomes in communities,
including any applicable platforms or networks developed or
utilized to coordinate health and related social services and any
changes in workforce capacity or capabilities;
``(2) improvements in health outcomes and in reducing health
disparities in medically underserved communities;
``(3) activities conducted to support consideration of factors
related to health outcomes in preparing for, and responding to,
public health emergencies, through outreach, education, and other
relevant activities;
``(4) communities and populations served by recipients of
awards under subsection (a);
``(5) activities supported under subsection (e); and
``(6) other relevant activities and outcomes, as determined by
the Secretary.
``(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $35,000,000 for each of fiscal
years 2023 through 2027. Of the amounts appropriated under this
subsection for a fiscal year, 5 percent shall be reserved for awards
under subsection (a) to Indian Tribes and Tribal organizations (as such
terms are defined in section 4 of the Indian Self-Determination and
Education Assistance Act), urban Indian organizations (as defined in
section 4 of the Indian Health Care Improvement Act), and Tribal health
departments.''; and
(2) by striking section 330D (42 U.S.C. 254c-4).
(b) GAO Study and Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Energy and Committee on Energy and Commerce of
the House of Representatives a report on the program authorized under
section 317V of the Public Health Service Act, as added by subsection
(a), including a review of the outcomes and effectiveness of the
program and coordination with other programs in the Department of
Health and Human Services with similar goals to ensure that there was
no unnecessary duplication of efforts.
CHAPTER 2--IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA
SEC. 2211. MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE
CAPABILITIES AND INFECTIOUS DISEASE DATA.
Section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is
amended--
(1) in subsection (a)(3)--
(A) in the matter that precedes subparagraph (A), by
striking ``. Activities'' and all that follows through
``include'' and inserting ``, by''; and
(B) in subparagraph (D), by inserting ``, infectious
disease outbreaks,'' after ``bioterrorism'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``, and local'' and inserting ``,
local, and Tribal''; and
(II) by adding ``and'' after the semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting ``;''; and
(iii) by striking subparagraph (C); and
(B) in paragraph (2)--
(i) by inserting ``, deidentified'' before
``information''; and
(ii) by adding at the end the following: ``The
Secretary shall ensure that the activities carried out
pursuant to the previous sentence are conducted in a manner
that protects personal privacy, to the extent required by
applicable Federal and State information privacy or
security law, at a minimum.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``modernize,'' after ``establish,'';
(ii) by inserting ``that is deidentified, as
applicable,'' after ``share data and information'';
(iii) by inserting ``, to the extent practicable''
before the period of the second sentence; and
(iv) by adding at the end the following: ``The
Secretary shall ensure that the activities carried out
pursuant to this paragraph are conducted in a manner that
protects personal privacy, to the extent required by
applicable Federal and State information privacy or
security law, at a minimum.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iii), by adding ``and'' after the
semicolon;
(II) in clause (iv), by striking ``; and'' and
inserting a period; and
(III) by striking clause (v); and
(ii) in subparagraph (B), by inserting ``, and make
recommendations to improve the quality of data collected
pursuant to subparagraph (A) to ensure complete, accurate,
and timely sharing of such data, as appropriate, across
such elements as described in subparagraph (A)'' after
``under subparagraph (A)'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``and operating'' and inserting ``, operating, and
updating, as appropriate,'';
(II) in clause (iii)--
(aa) by inserting ``that is deidentified, as
applicable,'' after ``analyses''; and
(bb) by inserting ``in accordance with
applicable Federal and State privacy and security
law'' before the semicolon at the end;
(III) in clause (iv), by striking ``and'' at the
end;
(IV) in clause (v), by striking the period and
inserting ``; and''; and
(V) by adding at the end the following:
``(vi) in collaboration with State, local, and Tribal
public health officials, integrate and update applicable
existing public health data systems and networks of the
Department of Health and Human Services to reflect
technological advancements, consistent with section 2823,
as applicable.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting ``and 180 days
after the date of enactment of the PREVENT Pandemics
Act,'' after ``Innovation Act of 2019,'';
(II) in clause (ii), by striking ``and other
representatives as the Secretary determines
appropriate'' and inserting ``experts in State-based
public health data systems; experts in standards and
implementation specifications, including transaction
standards; and experts in privacy and data security'';
and
(III) in clause (iii)--
(aa) in subclause (IV), by inserting ``,
including existing public health data systems''
before the semicolon;
(bb) in subclause (V), by striking ``and'' at
the end;
(cc) in subclause (VI), by striking the period
and inserting a semicolon; and
(dd) by adding at the end the following:
``(VII) strategies to integrate laboratory and
public health data systems and capabilities to support
rapid and accurate reporting of laboratory test results
and associated relevant data;
``(VIII) strategies to improve the collection,
reporting, and dissemination of relevant, aggregated,
deidentified demographic data to inform responses to
public health emergencies, including identification of
at-risk populations and to address potential health
disparities; and
``(IX) strategies to improve the electronic
exchange of health information, as appropriate, between
State and local health departments and health care
providers and facilities to improve the detection of,
and responses to, potentially catastrophic infectious
disease outbreaks.'';
(D) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by inserting
``and every 5 years thereafter,'' after ``Innovation Act of
2019,''
(ii) in clause (iii)--
(I) in subclause (III), by striking ``and'' at the
end; and
(II) by adding at the end the following:
``(V) improve coordination and collaboration, as
appropriate, with other Federal departments to improve
the capabilities of the network and reduce
administrative burden on State, local, and Tribal
entities; and
``(VI) implement applicable lessons learned from
recent public health emergencies to address gaps in
situational awareness and biosurveillance
capabilities;'';
(iii) in clause (iv), by striking ``and'' at the end;
(iv) in clause (v), by striking the period and
inserting ``, including a description of how such steps
will further the goals of the network, consistent with
paragraph (1); and''; and
(v) by adding at the end the following:
``(vi) identifies and demonstrates measurable steps the
Secretary will take to further develop and integrate
infectious disease detection, support rapid, accurate, and
secure sharing of laboratory test results, deidentified as
appropriate, during a public health emergency, and improve
coordination and collaboration with State, local, and
Tribal public health officials, clinical laboratories, and
other entities with expertise in public health
surveillance.''; and
(E) by adding at the end the following:
``(9) Rules of construction.--
``(A) Nothing in this subsection shall be construed to
supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health
surveillance.
``(B) Nothing in this subsection shall be construed to
alter the authority of the Secretary with respect to the types
of data the Secretary may receive through systems supported or
established under this section.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``deidentified'' before ``data,
information''; and
(II) by inserting ``, in consultation with such
State or consortium of States'' before the semicolon;
(ii) in subparagraph (C), by inserting ``, including
any public-private partnerships or other partnerships
entered into to improve such capacity'' before the
semicolon; and
(B) by adding at the end the following:
``(6) Non-duplication of effort.--The Secretary shall ensure
that activities carried out under an award under this subsection do
not unnecessarily duplicate efforts of other agencies and offices
within the Department of Health and Human Services.'';
(5) by striking subsection (e);
(6) by redesignating subsections (f), (g), (h), (i), and (j),
as subsections (e), (f), (g), (h), and (i), respectively;
(7) by striking subsection (h), as redesignated by paragraph
(6), and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to carry out subsection (a), $25,000,000 for each of
fiscal years 2022 and 2023; and
``(2) to carry out subsections (b), (c), and (d), $136,800,000
for each of fiscal years 2022 and 2023.''; and
(8) by striking ``tribal'' each place it appears and inserting
``Tribal''.
SEC. 2212. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS.
(a) Guidance Supporting Genomic Sequencing of Pathogens
Collaboration.--The Secretary of Health and Human Services (referred to
in this section as the ``Secretary''), in consultation with the heads
of other Federal departments or agencies, as appropriate, shall issue
guidance to support collaboration relating to genomic sequencing of
pathogens, including the use of new and innovative approaches and
technology for the detection, characterization, and sequencing of
pathogens, to improve public health surveillance and preparedness and
response activities, consistent with section 2824 of the Public Health
Service Act, as added by subsection (b). Such guidance shall address
the secure sharing, for public health surveillance purposes, of
specimens of such pathogens, between appropriate entities and public
health authorities, consistent with the regulations promulgated under
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note), as applicable, and in a manner
that protects personal privacy to the extent required by applicable
privacy law, at a minimum, and the appropriate use of sequence data
derived from such specimens.
(b) Genomic Sequencing Program.--Title XXVIII of the Public Health
Service Act (42 U.S.C. 300hh et seq.) is amended by adding at the end
the following:
``SEC. 2824. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS PROGRAM.
``(a) Genomic Sequencing, Analytics, and Public Health Surveillance
of Pathogens Program.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in consultation with
the Director of the National Institutes of Health and heads of other
departments and agencies, as appropriate, shall strengthen and expand
activities related to genomic sequencing of pathogens, including
through new and innovative approaches and technology for the detection,
characterization, and sequencing of pathogens, analytics, and public
health surveillance, including--
``(1) continuing and expanding activities, which may include
existing genomic sequencing activities related to advanced
molecular detection, to--
``(A) identify and respond to emerging infectious disease
threats; and
``(B) identify the potential use of genomic sequencing
technologies, advanced computing, and other advanced technology
to inform surveillance activities and incorporate the use of
such technologies, as appropriate, into related activities;
``(2) providing technical assistance and guidance to State,
Tribal, local, and territorial public health departments to
increase the capacity of such departments to perform genomic
sequencing of pathogens, including recipients of funding under
section 2821;
``(3) carrying out activities to enhance the capabilities of
the public health workforce with respect to pathogen genomics,
epidemiology, and bioinformatics, including through training; and
``(4) continuing and expanding activities, as applicable, with
public and private entities, including relevant departments and
agencies, laboratories, academic institutions, and industry.
``(b) Partnerships.--For the purposes of carrying out the
activities described in subsection (a), the Secretary, acting through
the Director of the Centers for Disease Control and Prevention, may
award grants, contracts, or cooperative agreements to entities,
including academic and other laboratories, with expertise in genomic
sequencing for public health purposes, including new and innovative
approaches to, and related technology for, the detection,
characterization, and sequencing of pathogens.
``(c) Centers of Excellence.--
``(1) In general.--The Secretary shall, as appropriate, award
grants, contracts, or cooperative agreements to public health
agencies for the establishment or operation of centers of
excellence to promote innovation in pathogen genomics and molecular
epidemiology to improve the control of and response to pathogens
that may cause a public health emergency. Such centers shall, as
appropriate--
``(A) identify and evaluate the use of genomics, or other
related technologies that may advance public health
preparedness and response;
``(B) improve the identification, development, and use of
tools for integrating and analyzing genomic and epidemiologic
data;
``(C) assist with genomic surveillance of, and response to,
infectious diseases, including analysis of pathogen genomic
data;
``(D) conduct applied research to improve public health
surveillance of, and response to, infectious diseases through
innovation in pathogen genomics and molecular epidemiology; and
``(E) develop and provide training materials for experts in
the fields of genomics, microbiology, bioinformatics,
epidemiology, and other fields, as appropriate.
``(2) Requirements.--To be eligible for an award under
paragraph (1), an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including a description of how the entity will partner, as
applicable, with academic institutions or a consortium of academic
partners that have relevant expertise, such as microbial genomics,
molecular epidemiology, or the application of bioinformatics or
statistics.''.
(c) Report to Congress.--Not later than 90 days after the date of
enactment of the PREVENT Pandemics Act, and 90 days following
expenditure of all funds under section 2402 of the American Rescue Plan
Act of 2021 (Public Law 117-2), the Director of the Centers for Disease
Control and Prevention shall submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives outlining how
funds awarded under such section 2402 were expended as of the date of
such report.
SEC. 2213. SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.
(a) Designation of Public Health Data Standards.--Section
2823(a)(2) of the Public Health Service Act (42 U.S.C. 300hh-33(a)(2))
is amended--
(1) by striking ``In carrying out'' and inserting the
following:
``(A) In general.--In carrying out''; and
(2) by striking ``shall, as appropriate and'' and inserting
``shall, not later than 2 years after the date of enactment of the
PREVENT Pandemics Act,''; and
(3) by adding at the end the following:
``(B) No duplicative efforts.--
``(i) In general.--In carrying out the requirements of
this paragraph, the Secretary, in consultation with the
Office of the National Coordinator for Health Information
Technology, may use input gathered (including input and
recommendations gathered from the Health Information
Technology Advisory Committee), and materials developed,
prior to the date of enactment of the PREVENT Pandemics
Act.
``(ii) Designation of standards.--Consistent with
sections 13111 and 13112 of the HITECH Act, the data and
technology standards designated pursuant to this paragraph
shall align with the standards and implementation
specifications previously adopted by the Secretary pursuant
to section 3004, as applicable.
``(C) Privacy and security.--Nothing in this paragraph
shall be construed as modifying applicable Federal or State
information privacy or security law.''.
(b) Study on Laboratory Information Standards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Office of the National Coordinator for
Health Information Technology shall conduct a study to review the
use of standards for electronic ordering and reporting of
laboratory test results.
(2) Areas of concentration.--In conducting the study under
paragraph (1), the Office of the National Coordinator for Health
Information Technology shall--
(A) determine the extent to which clinical laboratories are
using standards for electronic ordering and reporting of
laboratory test results;
(B) assess trends in laboratory compliance with standards
for ordering and reporting laboratory test results and the
effect of such trends on the interoperability of laboratory
data with public health data systems;
(C) identify challenges related to collection and reporting
of demographic and other data elements with respect to
laboratory test results;
(D) identify any challenges associated with using or
complying with standards and reporting laboratory test results
with data elements identified in standards for electronic
ordering and reporting of such results; and
(E) review other relevant areas determined appropriate by
the Office of the National Coordinator for Health Information
Technology.
(3) Report.--Not later than 2 years after the date of enactment
of this Act, the Office of the National Coordinator for Health
Information Technology shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
concerning the findings of the study conducted under paragraph (1).
(c) Data Use Agreements.--
(1) Interagency data use agreements within the department of
health and human services for public health emergencies.--
(A) In general.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall, as
appropriate, facilitate the development of, or updates to,
memoranda of understanding, data use agreements, or other
applicable interagency agreements regarding appropriate access,
exchange, and use of public health data between the Centers for
Disease Control and Prevention, the Office of the Assistant
Secretary for Preparedness and Response, other relevant
agencies or offices within the Department of Health and Human
Services, and other relevant Federal agencies, in order to
prepare for, identify, monitor, and respond to declared or
potential public health emergencies.
(B) Requirements.--In carrying out activities pursuant to
subparagraph (A), the Secretary shall--
(i) ensure that the agreements and memoranda of
understanding described in such subparagraph--
(I) address the methods of granting access to data
held by one agency or office with another to support
the respective missions of such agencies or offices;
(II) consider minimum necessary principles of data
sharing for appropriate use;
(III) include appropriate privacy and cybersecurity
protections; and
(IV) are subject to regular updates, as
appropriate;
(ii) collaborate with the Centers for Disease Control
and Prevention, the Office of the Assistant Secretary for
Preparedness and Response, the Office of the Chief
Information Officer, and, as appropriate, the Office of the
National Coordinator for Health Information Technology, and
other entities within the Department of Health and Human
Services; and
(iii) consider the terms and conditions of any existing
data use agreements with other public or private entities
and any need for updates to such existing agreements,
consistent with paragraph (2).
(2) Data use agreements with external entities.--The Secretary,
acting through the Director of the Centers for Disease Control and
Prevention and the Assistant Secretary for Preparedness and
Response, may update memoranda of understanding, data use
agreements, or other applicable agreements and contracts to improve
appropriate access, exchange, and use of public health data between
the Centers for Disease Control and Prevention and the Office of
the Assistant Secretary for Preparedness and Response and external
entities, including State, Tribal, and territorial health
departments, laboratories, hospitals and other health care
providers, electronic health records vendors, and other entities,
as applicable and appropriate, in order to prepare for, identify,
monitor, and respond to declared or potential public health
emergencies.
(3) Report.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives on the status
of the agreements under this subsection.
(d) Improving Information Sharing and Availability of Public Health
Data.--Part A of title III of the Public Health Service Act (42 U.S.C.
241 et seq.) is amended by adding at the end the following:
``SEC. 310B. IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION SHARING.
``(a) In General.--The Secretary may, in consultation with State,
local, and Tribal public health officials, carry out activities to
improve the availability of appropriate and applicable public health
data related to communicable diseases, and information sharing between,
the Director of the Centers for Disease Control and Prevention, the
Assistant Secretary for Preparedness and Response, and such State,
local, and Tribal public health officials, which may include such data
from--
``(1) health care providers and facilities;
``(2) public health and clinical laboratories;
``(3) health information exchanges and health information
networks; and
``(4) State, local, and Tribal health departments.
``(b) Content, Form, and Manner.--The Secretary shall, consistent
with the requirements of this section, work with such officials and
relevant stakeholders to provide information on the content, form, and
manner in which such data, deidentified as applicable, may most
effectively support the ability of State, local, and Tribal health
departments to respond to such communicable diseases, including related
to the collection and reporting of demographic and other relevant data
elements. Such form and manner requirements shall align with the
standards and implementation specifications adopted by the Secretary
under section 3004, as applicable.
``(c) Decreased Burden.--In facilitating the coordination of
efforts under subsection (a), the Secretary shall make reasonable
efforts to limit reported public health data to the minimum necessary
information needed to accomplish the intended public health purpose.
``(d) Exemption of Certain Public Health Data From Disclosure.--The
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, may exempt from disclosure under section
552(b)(3) of title 5, United States Code, public health data that are
gathered under this section if--
``(1) an individual is identified through such data; or
``(2) there is at least a very small risk, as determined by
current scientific practices or statistical methods, that some
combination of the information, the request, and other available
data sources or the application of technology could be used to
deduce the identity of an individual.''.
(e) Improving State, Local, and Tribal Public Health Data.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award
grants, contracts, or cooperative agreements to eligible entities
for purposes of identifying, developing, or disseminating best
practices in electronic health information and the use of
designated data standards and implementation specifications,
including privacy standards, to improve the quality and
completeness of data, including demographic data used for public
health purposes.
(2) Eligible entities.--To be eligible to receive an award
under this subsection an entity shall--
(A) be a health care provider, academic medical center,
community-based organization, State, local governmental entity,
Indian Tribe or Tribal organization (as such terms are defined
in section 4 of the Indian Self Determination and Education
Assistance Act (25 U.S.C. 5304)), urban Indian organization (as
defined in section 4 of the Indian Health Care Improvement Act
(25 U.S.C. 1603)), or other appropriate public or private
nonprofit entity, or a consortia of any such entities; and
(B) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(3) Activities.--Entities receiving awards under this
subsection shall use such award to develop and test best practices
for training health care providers to use standards and
implementation specifications that assist in the capture, access,
exchange, and use of electronic health information, deidentified as
applicable, such as demographic information, disability status,
veteran status, and functional status. Such activities shall
include, at a minimum--
(A) improving, understanding, and using data standards and
implementation specifications;
(B) developing or identifying methods to improve
communication with patients in a culturally- and
linguistically-appropriate manner, including to better capture
information related to demographics of such individuals;
(C) developing methods for accurately categorizing and
recording patient responses using available data standards;
(D) educating providers regarding the utility of such
information for public health purposes and the importance of
accurate collection and recording of such data; and
(E) providing information regarding how data will be
deidentified if used for such public health purposes, as
applicable and appropriate.
(4) Reporting.--
(A) Reporting by award recipients.--Each recipient of an
award under this subsection shall submit to the Secretary a
report on the results of best practices identified, developed,
or disseminated through such award.
(B) Report to congress.--Not later than 1 year after the
completion of the program under this subsection, the Secretary
shall submit a report to Congress on the success of best
practices developed under such program, opportunities for
further dissemination of such best practices, and
recommendations for improving the capture, access, exchange,
and use of information to improve public health and reduce
health disparities.
(5) Non-duplication of efforts.--The Secretary shall ensure
that the activities and programs carried out under this subsection
are free of unnecessary duplication of effort.
(f) Rules of Construction.--Nothing in this section shall be
construed to--
(1) supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health
surveillance, as applicable;
(2) alter the authority of the Secretary with respect to the
types of data the Secretary may receive through systems supported
or established in this section or other laws; or
(3) modify applicable Federal or State information privacy or
security law.
SEC. 2214. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et
seq.), as amended by section 2212, is further amended by adding at the
end the following:
``SEC. 2825. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall continue
activities related to the development of infectious disease outbreak
analysis capabilities to enhance the prediction, modeling, and
forecasting of potential public health emergencies and other infectious
disease outbreaks, which may include activities to support preparedness
for, and response to, such emergencies and outbreaks. In carrying out
this subsection, the Secretary shall identify strategies to include and
leverage, as appropriate, the capabilities to public and private
entities, which may include conducting such activities through
collaborative partnerships with public and private entities, including
academic institutions, and other Federal agencies, consistent with
section 319D, as applicable.
``(b) Considerations.--In carrying out subsection (a), the
Secretary, acting through the Director of the Centers for Disease
Control and Prevention, may consider public health data and, as
appropriate, other data sources related to preparedness for, or
response to, public health emergencies and infectious disease
outbreaks.
``(c) Annual Reports.--Not later than 1 year after the date of
enactment of this section, and annually thereafter for each of the
subsequent 4 years, the Secretary shall prepare and submit a report, to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, regarding an update on progress on activities
conducted under this section to develop infectious disease outbreak
analysis capabilities and any additional information relevant to such
efforts.''.
SEC. 2215. PUBLIC HEALTH DATA TRANSPARENCY.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall issue a
report assessing practices, objectives, and associated progress and
challenges in achieving such objectives, of the Centers of Disease
Control and Prevention with respect to the collection and dissemination
of public health data related to a public health emergency declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d) or
a potential public health emergency.
(b) Plan.--Not later than 180 days following the issuance of the
report pursuant to paragraph (1), the Director of the Centers for
Disease Control and Prevention shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a plan that shall
include--
(1) steps to improve the timely reporting and dissemination of
deidentified public health data related to a public health
emergency declared under section 319 of the Public Health Service
Act (42 U.S.C. 247d) or a potential public health emergency that is
collected by the Centers for Disease Control and Prevention,
including any associated barriers;
(2) recommendations to Congress regarding gaps in such
practices and objectives described in subsection (a); and
(3) considerations regarding the requirements and limitations
of data use agreements for such purposes, as applicable, and any
efforts undertaken to address those requirements and limitations.
SEC. 2216. GAO REPORT ON PUBLIC HEALTH PREPAREDNESS, RESPONSE, AND
RECOVERY DATA CAPABILITIES.
(a) Study.--The Comptroller General of the United States (referred
to in this section as the ``Comptroller General'') shall conduct a
study on the efforts of the Department of Health and Human Services to
ensure that public health preparedness, response, and recovery data
capabilities related to pandemic and other biological threats are not
unnecessarily duplicative, overlapping, or fragmented. Such study shall
include--
(1) a comprehensive list of all public health preparedness,
response, and recovery data collection, such as incidence and
prevalence of disease tracking, hospitalizations, critical care
capacity, and testing programs, at the Department of Health and
Human Services, as identified by the department and its component
agencies;
(2) an analysis of any duplication, overlap, or fragmentation
of the programs identified in paragraph (1);
(3) identification of any efforts of the Department of Health
and Human Services to reduce unnecessary duplication and improve
coordination, efficiency, and effectiveness of such programs and
any associated challenges;
(4) any practices that threaten individual privacy and
recommendations to improve the protection of individual,
identifiable data; and
(5) a description of the funding and other resources dedicated
to the operation of each such program identified in paragraph (1).
(b) Reporting.--
(1) In general.--Based on the study conducted under subsection
(a), the Comptroller General shall--
(A) not later than 6 months after the date of enactment of
this Act, provide a briefing to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives; and
(B) not later than 18 months after the date of enactment of
this Act, submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a complete report on
such study.
(2) Recommendations.--The report under paragraph (1)(B) shall
include recommendations, as appropriate, with respect to public
health preparedness, response, and recovery data programs at the
Department of Health and Human Services, to--
(A) streamline data collection and reduce fragmentation and
address any associated challenges;
(B) reduce duplication in such programs; and
(C) improve information-sharing across programs.
CHAPTER 3--REVITALIZING THE PUBLIC HEALTH WORKFORCE
SEC. 2221. IMPROVING RECRUITMENT AND RETENTION OF THE FRONTLINE PUBLIC
HEALTH WORKFORCE.
(a) In General.--Section 776 of the Public Health Service Act (42
U.S.C. 295f-1) is amended--
(1) in subsection (a)--
(A) by striking ``supply of'' and inserting ``supply of,
and encourage recruitment and retention of,''; and
(B) by striking ``Federal,'';
(2) in subsection (b)--
(A) by amending paragraph (1)(A) to read as follows:
``(1)(A)(i) be accepted for enrollment, or be enrolled, as a
student in an accredited institution of higher education or school
of public health in the final semester (or equivalent) of a program
leading to a certificate or degree, including a master's or
doctoral degree, in public health, epidemiology, laboratory
sciences, data systems, data science, data analytics, informatics,
statistics, or another subject matter related to public health; and
``(ii) be employed by, or have accepted employment with, a
State, local, or Tribal public health agency, or a related training
fellowship at such State, local, or Tribal public health agency, as
recognized by the Secretary, to commence upon graduation; or''; and
(B) in paragraph (1)(B)--
(i) in clause (i)--
(I) by striking ``accredited educational
institution in a State or territory'' and inserting
``accredited institution of higher education or school
of public health''; and
(II) by striking ``a public health or health
professions degree or certificate'' and inserting ``a
certificate or degree, including a master's or doctoral
degree, in public health, epidemiology, laboratory
sciences, data systems, data science, data analytics,
informatics, statistics, or another subject matter
related to public health''; and
(ii) in clause (ii)--
(I) by striking ``Federal,''; and
(II) by striking ``fellowship,'' and inserting
``fellowship at such State, local, or Tribal public
health agency,'';
(3) in subsection (c)(2)--
(A) by striking ``Federal,''; and
(B) by striking ``equal to the greater of--'' and all that
follows through the end of subparagraph (B) and inserting ``of
at least 3 consecutive years;'';
(4) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--A loan repayment provided for an individual
under a written contract under the Program shall consist of
payment, in accordance with paragraph (2), for the individual
toward the outstanding principal and interest on education loans
incurred by the individual in the pursuit of the relevant degree or
certificate described in subsection (b)(1) in accordance with the
terms of the contract.''; and
(B) in paragraph (2)--
(i) by striking ``For each year'' and inserting the
following:
``(A) In general.--For each year'';
(ii) by striking ``$35,000'' and inserting ``$50,000'';
(iii) by striking ``$105,000'' and inserting
``$150,000''; and
(iv) by adding at the end the following:
``(B) Considerations.--The Secretary may take action in
making awards under this section to ensure that--
``(i) an appropriate proportion of contracts are
awarded to individuals who are eligible to participate in
the program pursuant to subsection (b)(1)(A); and
``(ii) contracts awarded under this section are
equitably distributed among--
``(I) the geographical regions of the United
States;
``(II) local, State, and Tribal public health
departments; and
``(III) such public health departments under
subclause (II) serving rural and urban areas.'';
(5) in subsection (e), by striking ``receiving a degree or
certificate from a health professions or other related school'' and
inserting ``with a contract to serve under subsection (c)'';
(6) in subsection (f), by adding at the end the following: ``In
the event that a participant fails to either begin or complete the
obligated service requirement of the loan repayment contract under
this section, the Secretary may waive or suspend either the
unfulfilled service or the assessed damages as provided for under
section 338E(d), as appropriate.'';
(7) by redesignating subsection (g) as subsection (i);
(8) by inserting after subsection (f) the following:
``(g) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education or training for employment by a
health department.
``(2) Any loan under part E of title VIII (relating to nursing
student loans).
``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct
Consolidation Loan (as such terms are used in section 455 of the
Higher Education Act of 1965).
``(4) Any Federal Perkins Loan under part E of title I of the
Higher Education Act of 1965.
``(5) Any other Federal loan, as the Secretary determines
appropriate.
``(h) Pilot Program.--
``(1) In general.--The Secretary shall, as appropriate,
establish a pilot program, to be known as the Bio-Preparedness
Workforce Pilot Program, to provide for loan repayment for health
professionals with expertise in infectious diseases and emergency
preparedness and response activities to ensure an adequate supply
of such professionals. Such program shall be administered
consistent with the requirements of this section, except that, to
be eligible to participate in the pilot program, an individual
shall--
``(A)(i) be accepted for enrollment, or be enrolled, as a
student in an accredited institution of higher education in the
final semester (or equivalent) of a program leading to a health
professions degree or certificate program relevant to such
program; or
``(ii) have graduated, during the preceding 10-year period,
from an accredited institution of higher education with a
health professions degree or certificate program relevant to
such program; and
``(B) be employed by, or have accepted employment with--
``(i) a Federal health care facility;
``(ii) a nonprofit health care facility that is located
in a health professional shortage area (as defined in
section 332), a frontier health professional shortage area
(as defined in section 799B), or a medically underserved
community (as defined in section 799B);
``(iii) an entity receiving assistance under title XXVI
for the provision of clinical services;
``(iv) a health program, or a facility, operated by an
Indian Tribe or Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act) or by an urban Indian
organization (as defined in section 4 of the Indian Health
Care Improvement Act); or
``(v) another relevant entity determined appropriate by
the Secretary, as a health professional with expertise in
infectious diseases or emergency preparedness and response.
``(2) Non-duplication of effort.--The Secretary shall ensure
that the pilot program established under paragraph (1) does not
unnecessarily duplicate the National Health Service Corps Loan
Repayment Program, or any other loan repayment program operated by
the Department of Health and Human Services.
``(3) Evaluation and report to congress.--
``(A) In general.--The Secretary shall evaluate the pilot
program at the conclusion of the first cycle of recipients
funded by the pilot program.
``(B) Report.--
``(i) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the evaluation under
subparagraph (A). The report shall include, at a minimum,
outcomes information from the pilot program, including any
impact on recruitment and retention of health professionals
with expertise in infectious diseases and emergency
preparedness and response activities.
``(ii) Recommendation.--The report under this
subparagraph shall include a recommendation by the
Secretary as to whether the pilot program under this
subsection should be extended.'';
(9) in subsection (i), as so redesignated, by striking
``$195,000,000 for fiscal year 2010, and such sums as may be
necessary for each of fiscal years 2011 through 2015'' and
inserting ``$100,000,000 for each of fiscal years 2023 through
2025''; and
(10) by striking ``tribal'' each place such term appears and
inserting ``Tribal''.
(b) GAO Study on Public Health Workforce.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct an evaluation of what is known about the public
health workforce in the United States, which shall address--
(A) existing gaps in the Federal, State, local, Tribal, and
territorial public health workforce, including positions that
may be required to prepare for, and respond to, a public health
emergency such as COVID-19;
(B) challenges associated with the hiring, recruitment, and
retention of the Federal, State, local, Tribal, and territorial
public health workforce; and
(C) Federal efforts to improve hiring, recruitment, and
retention of the public health workforce; and
(2) submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report on such review.
SEC. 2222. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND COMMUNITY
HEALTH.
(a) In General.--Section 399V of the Public Health Service Act (42
U.S.C. 280g-11) is amended--
(1) by amending the section heading to read as follows:
``awards to support community health workers and community
health'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities to promote positive health
behaviors and outcomes for populations in medically underserved
communities by leveraging community health workers, including by
addressing ongoing and longer-term community health needs, and by
building the capacity of the community health worker workforce. Such
grants, contracts, and cooperative agreements shall be awarded in
alignment and coordination with existing funding arrangements
supporting community health workers.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Grants awarded'' and inserting
``Subject to any requirements for the scope of licensure,
registration, or certification of a community health worker
under applicable State law, grants, contracts, and
cooperative agreements awarded''; and
(ii) by striking ``support community health workers'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraphs (1) and (2) and inserting the
following:
``(1) recruit, hire, train, and retain community health workers
that reflect the needs of the community;
``(2) support community health workers in providing education
and outreach, in a community setting, regarding--
``(A) health conditions prevalent in--
``(i) medically underserved communities (as defined in
section 799B), particularly racial and ethnic minority
populations; and
``(ii) other such at-risk populations or geographic
areas that may require additional support during public
health emergencies, which may include counties identified
by the Secretary using applicable measures developed by the
Centers for Disease Control and Prevention or other Federal
agencies; and
``(B) addressing health disparities, including by--
``(i) promoting awareness of services and resources to
increase access to health care, mental health and substance
use disorder services, child services, technology, housing
services, educational services, nutrition services,
employment services, and other services; and
``(ii) assisting in conducting individual and community
needs assessments;
``(3) educate community members, including regarding effective
strategies to promote healthy behaviors;'';
(D) in paragraph (4), as so redesignated, by striking ``to
educate'' and inserting ``educate'';
(E) in paragraph (5), as so redesignated--
(i) by striking ``to identify'' and inserting
``identify'';
(ii) by striking ``healthcare agencies'' and inserting
``health care agencies''; and
(iii) by striking ``healthcare services and to
eliminate duplicative care; or'' and inserting ``health
care services and to streamline care, including serving as
a liaison between communities and health care agencies;
and''; and
(F) in paragraph (6), as so redesignated--
(i) by striking ``to educate, guide, and provide'' and
inserting ``support community health workers in educating,
guiding, or providing''; and
(ii) by striking ``maternal health and prenatal care''
and inserting ``chronic diseases, maternal health,
prenatal, and postpartum care in order to improve maternal
and infant health outcomes'';
(4) in subsection (c), by striking ``Each eligible entity'' and
all that follows through ``accompanied by'' and inserting ``To be
eligible to receive an award under subsection (a), an entity shall
prepare and submit to the Secretary an application at such time, in
such manner, and containing'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``awarding grants'' and inserting ``making awards'';
(B) by amending paragraph (1) to read as follows:
``(1) propose to serve--
``(A) areas with populations that have a high rate of
chronic disease, infant mortality, or maternal morbidity and
mortality;
``(B) low-income populations, including medically
underserved populations (as defined in section 330(b)(3));
``(C) populations residing in health professional shortage
areas (as defined in section 332(a));
``(D) populations residing in maternity care health
professional target areas identified under section 332(k); or
``(E) rural or traditionally underserved populations,
including racial and ethnic minority populations or low-income
populations;'';
(C) in paragraph (2), by striking ``; and'' and inserting
``, including rural populations and racial and ethnic minority
populations;'';
(D) in paragraph (3), by striking ``with community health
workers.'' and inserting ``and established relationships with
community health workers in the communities expected to be
served by the program;'' and
(E) by adding at the end the following:
``(4) develop a plan for providing services to the extent
practicable, in the language and cultural context most appropriate
to individuals expected to be served by the program; and
``(5) propose to use evidence-informed or evidence-based
practices, as applicable and appropriate.'';
(6) in subsection (e)--
(A) by striking ``community health worker programs'' and
inserting ``eligible entities''; and
(B) by striking ``and one-stop delivery systems under
section 121(e)'' and inserting ``, health professions schools,
minority-serving institutions (defined, for purposes of this
subsection, as institutions and programs described in section
326(e)(1) of the Higher Education Act of 1965 and institutions
described in section 371(a) of such Act), area health education
centers under section 751 of this Act, and one-stop delivery
systems under section 121'';
(7) by striking subsections (f), (g), (h), (i), and (j) and
inserting the following:
``(f) Technical Assistance.--The Secretary may provide to eligible
entities that receive awards under subsection (a) technical assistance
with respect to planning, development, and operation of community
health worker programs authorized or supported under this section.
``(g) Dissemination of Best Practices.--Not later than 4 years
after the date of enactment of the PREVENT Pandemics Act, the Secretary
shall, based on activities carried out under this section and in
consultation with relevant stakeholders, identify and disseminate
evidence-based or evidence-informed practices regarding recruitment and
retention of community health workers and paraprofessionals to address
ongoing public health and community health needs, and to prepare for,
and respond to, future public health emergencies.
``(h) Report to Congress.--Not later than 4 years after the date of
enactment of the PREVENT Pandemics Act, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee on Energy
and Commerce and the Committee on Appropriations of the House of
Representatives a report concerning the effectiveness of the program
under this section in addressing ongoing public health and community
health needs. Such report shall include recommendations regarding any
improvements to such program, including recommendations for how to
improve recruitment, training, and retention of the community health
workforce.
``(i) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $50,000,000
for each of fiscal years 2023 through 2027.'';
(8) by redesignating subsection (k) as subsection (j); and
(9) in subsection (j), as so redesignated--
(A) by striking paragraphs (1), (2), and (4);
(B) by redesignating paragraph (3) as paragraph (1);
(C) in paragraph (1), as so redesignated--
(i) by striking ``entity (including a State or public
subdivision of a State'' and inserting ``entity, including
a State or political subdivision of a State, an Indian
Tribe or Tribal organization, an urban Indian organization,
a community-based organization''; and
(ii) by striking ``as defined in section 1861(aa) of
the Social Security Act))'' and inserting ``(as defined in
section 1861(aa)(4) of the Social Security Act)''; and
(D) by adding at the end the following:
``(2) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given the terms
`Indian tribe' and `tribal organization', respectively, in section
4 of the Indian Self-Determination and Education Assistance Act.
``(3) Urban indian organization.--The term `urban Indian
organization' has the meaning given such term in section 4 of the
Indian Health Care Improvement Act.''.
(b) GAO Study and Report.--Not later than 1 year after the date of
submission of the report under subsection (h) of section 399V of the
Public Health Service Act (42 U.S.C. 280g-11), as amended by subsection
(a), the Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the program authorized under such section 399V, including a
review of the efforts of the Secretary of Health and Human Services to
coordinate such program with applicable programs of the Health
Resources and Services Administration to ensure there is no unnecessary
duplication of efforts among such programs, and identification of any
areas of duplication.
SEC. 2223. IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE CAPACITY.
(a) Certain Appointments to Support Public Health Emergency
Responses.--Section 319 of the Public Health Service Act (42 U.S.C.
247d) is amended by adding at the end the following:
``(g) Certain Appointments to Support Public Health Emergency
Responses.--
``(1) In general.--In order to support the initial response to
a public health emergency declared by the Secretary under this
section, the Secretary may, subject to paragraph (2) and without
regard to sections 3309 through 3318 of title 5, United States
Code, appoint individuals directly to positions in the Department
of Health and Human Services for which the Secretary has provided
public notice in order to--
``(A) address a critical hiring need directly related to
responding to a public health emergency declared by the
Secretary under this section; or
``(B) address a severe shortage of candidates that impacts
the operational capacity of the Department of Health and Human
Services to respond in the event of a public health emergency
declared by the Secretary under this section.
``(2) Number of appointments.--Each fiscal year in which the
Secretary makes a determination of a public health emergency under
subsection (a) (not including a renewal), the Secretary may
directly appoint not more than--
``(A) 400 individuals under paragraph (1)(A); and
``(B) 100 individuals under paragraph (1)(B).
``(3) Compensation.--The annual rate of basic pay of an
individual appointed under this subsection shall be determined in
accordance with chapter 51 and subchapter III of chapter 53 of
title 5, United States Code.
``(4) Reporting.--The Secretary shall establish and maintain
records regarding the use of the authority under this subsection,
including--
``(A) the number of positions filled through such
authority;
``(B) the types of appointments of such positions;
``(C) the titles, occupational series, and grades of such
positions;
``(D) the number of positions publicly noticed to be filled
under such authority;
``(E) the number of qualified applicants who apply for such
positions;
``(F) the qualification criteria for such positions; and
``(G) the demographic information of individuals appointed
to such positions.
``(5) Notification to congress.--In the event the Secretary,
within a single fiscal year, directly appoints more than 50 percent
of the individuals allowable under either subparagraph (A) or (B)
of paragraph (2), the Secretary shall, not later than 15 days after
the date of such action, notify the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives. Such notification shall,
in a manner that protects personal privacy, to the extent required
by applicable Federal and State privacy law, at a minimum,
include--
``(A) information on each such appointment within such
fiscal year;
``(B) a description of how each such position relates to
the requirements of subparagraph (A) or (B) of paragraph (1);
and
``(C) the additional number of personnel, if any, the
Secretary anticipates to be necessary to adequately support a
response to a public health emergency declared under this
section using the authorities described in paragraph (1) within
such fiscal year.
``(6) Reports to congress.--Not later than September 30, 2023,
and annually thereafter for each fiscal year in which the authority
under this subsection is used, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing the total number of
appointments filled under this subsection within the fiscal year
and a description of how the positions relate to the requirements
of subparagraph (A) or (B) of paragraph (1).
``(7) Sunset.--The authority under this subsection shall expire
on September 30, 2028.''.
(b) GAO Report.--Not later than 1 year after the issuance of the
initial report under subsection (g)(6) of section 319 of the Public
Health Service Act (42 U.S.C. 247d), as added by subsection (a), and
again 180 days after the date on which the authority provided under
section 319(g) of such Act expires pursuant to paragraph (7) of such
section, the Comptroller General of the United States shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the use of the authority provided under
such section. Such report shall, in a manner that protects personal
privacy, at a minimum, include information on--
(1) the number of positions publicly noticed and filled under
the authority of each of subparagraphs (A) and (B) of such section
319(g)(1);
(2) the occupational series, grades, and types of appointments
of such positions;
(3) how such positions related to addressing a need or shortage
described in subparagraph (A) or (B) of such section;
(4) how the Secretary of Health and Human Services made
appointment decisions under each of subparagraphs (A) and (B) of
such section;
(5) sources used to identify candidates for filling such
positions;
(6) the number of individuals appointed under each such
subparagraph;
(7) aggregated demographic information related to individuals
appointed under each such subparagraph; and
(8) any challenges, limitations, or gaps related to the use of
the authority under each such subparagraph and any related
recommendations to address such challenges, limitations, or gaps.
SEC. 2224. INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH
PROFESSIONS.
Section 755(b) of the Public Health Service Act (42 U.S.C. 294e(b))
is amended by adding at the end the following:
``(4) Increasing educational opportunities in physical therapy,
occupational therapy, respiratory therapy, audiology, and speech-
language pathology professions, which may include offering
scholarships or stipends and carrying out other activities to
improve retention, for individuals from disadvantaged backgrounds
or individuals who are underrepresented in such professions.''.
SEC. 2225. PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.
(a) In General.--Section 219 of the Public Health Service Act (42
U.S.C. 210-1) is amended--
(1) in subsection (a)--
(A) by striking ``Reserve Corps'' and inserting ``Ready
Reserve Corps''; and
(B) by striking ``: Provided, That such regulations shall
not authorize annual leave to be accumulated in excess of sixty
days'';
(2) by inserting after subsection (a) the following:
``(b) The regulations described in subsection (a) may authorize
accumulated annual leave of not more than 120 days for any commissioned
officer of the Regular Corps or officer of the Ready Reserve Corps on
active duty.''; and
(3) by redesignating subsection (d) as subsection (c).
(b) Application.--The amendments made by subsection (a) shall apply
with respect to accumulated annual leave (as defined in section 219 of
the Public Health Service Act (42 U.S.C. 210-1)) that a commissioned
officer of the Regular Corps or officer of the Ready Reserve Corps on
active duty would, but for the regulations described in such section,
lose at the end of fiscal year 2022 or a subsequent fiscal year.
SEC. 2226. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL
PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
Title XXVIII of the Public Health Service Act (42 U.S.C. 300hh et
seq.), as amended by section 2214, is further amended by adding at the
end the following:
``SEC. 2826. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND MEDICAL
PREPAREDNESS AND RESPONSE POSITIONS AT THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
``(a) In General.--The Secretary may, not later than 1 year after
the date of enactment of the PREVENT Pandemics Act, establish a
voluntary program to provide additional training to individuals in
eligible positions, as described in subsection (c), to support the
continuous professional development of such individuals.
``(b) Criteria.--
``(1) Duration.--The program under subsection (a) shall provide
for fellowships, details, or other relevant placements with Federal
agencies or departments, or State or local health departments,
pursuant to the guidance issued under paragraph (2), for a maximum
period of 2 years.
``(2) Guidance.--The Secretary shall issue guidance
establishing criteria for identifying placements that demonstrate
ongoing sufficient mastery of knowledge, skills, and abilities to
satisfy the field experience criteria under the program established
under subsection (a), including assignments and experiences that
develop public health and medical preparedness and response
expertise.
``(c) Eligible Position.--For purposes of subsection (a), the term
`eligible position' means any position at the Department of Health and
Human Services at or above grade GS-13 of the General Schedule, or the
equivalent, for which not less than 50 percent of the time of such
position is spent on activities related to public health preparedness
or response.
``(d) Pilot Period and Final Report.--The pilot program authorized
under this section shall not exceed 5 years. Not later than 90 days
after the end of the program, the Secretary shall issue a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
that includes--
``(1) the number of individuals who participated in such pilot,
as applicable;
``(2) a description of the professional growth experience in
which individuals participated; and
``(3) an assessment of the outcomes of such program, including
a recommendation on whether such program should be continued.''.
SEC. 2227. CONTINUING EDUCATIONAL SUPPORT FOR HEALTH PROFESSIONALS
SERVING IN RURAL AND UNDERSERVED COMMUNITIES.
Section 752 of the Public Health Service Act (42 U.S.C. 294b) is
amended--
(1) in the section heading, by inserting ``rural and'' after
``serving in'';
(2) in subsection (a)--
(A) by striking ``shall make grants to, and enter into
contracts with, eligible entities'' and inserting ``, as
appropriate, shall make grants to, and enter into contracts
with, eligible entities to support access to accredited
continuing medical education for primary care physicians and
health care providers at community health centers or rural
health clinics to improve and increase access to care for
patients in rural and medically underserved areas. Such grants
or contracts may be used'';
(B) by striking ``faculty members'' and inserting ``health
care providers''; and
(C) by inserting ``increase primary care physician and
health care provider knowledge,'' after ``practice
environment,'';
(3) in subsection (b), by inserting ``, such as a community
health center or rural health clinic'' before the period;
(4) in subsection (c), by striking ``by require.'' and
inserting the following: ``may require, including--
``(1) a description of how participation in activities funded
under this section will help improve access to, and quality of,
health care services and training needs of primary care physicians
and health care providers; and
``(2) a plan for providing peer-to-peer training, as
appropriate.'';
(5) by amending subsection (d) to read as follows:
``(d) Use of Funds.--
``(1) In general.--An eligible entity shall use amounts awarded
under a grant or contract under this section to provide innovative
supportive activities to enhance education for primary care
physicians and health care providers described in subsection (a)
through distance learning, continuing educational activities,
collaborative conferences, and electronic and telelearning
activities, with priority for primary care providers who are
seeking additional education in specialty fields such as infectious
disease, endocrinology, pediatrics, mental health and substance use
disorders, pain management, geriatrics, and other areas, as
appropriate, in order to--
``(A) improve retention of primary care physicians and
health care providers and increase access to specialty health
care services for patients; and
``(B) support access to the integration of specialty care
through existing service delivery locations and care across
settings.
``(2) Clarification.--Entities may use amounts awarded under a
grant or contract under this section for continuing educational
activities that include a clinical training component, including
in-person patient care, in the respective community health center
or rural health clinic, with the primary care physician or health
care provider at such site and the clinical specialist from whom
such additional training is being provided.'';
(6) by redesignating subsection (e) as subsection (g);
(7) by inserting after subsection (d) the following:
``(e) Administrative Expenses.--An entity that revives a grant or
contract under this section shall use not more than 5 percent of the
amounts received under the grant or contract under this section for
administrative expenses.
``(f) Non-duplication of Effort.--The Secretary shall ensure that
activities under this section do not unnecessarily duplicate efforts of
other programs overseen by the Health Resources and Services
Administration, including activities described in section 330N.''; and
(8) in subsection (g), as so redesignated, by striking ``the
fiscal years 2010 through 2014, and such sums as may be necessary
for each subsequent fiscal year'' and inserting ``fiscal years 2023
through 2025''.
CHAPTER 4--ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE
SEC. 2231. CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE.
(a) In General.--Section 319F of the Public Health Service Act (42
U.S.C. 247d-6) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Centers for Public Health Preparedness and Response.--
``(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may award
grants, contracts, or cooperative agreements to institutions of
higher education, including accredited schools of public health, or
other nonprofit private entities to establish or maintain a network
of Centers for Public Health Preparedness and Response (referred to
in this subsection as `Centers').
``(2) Eligibility.--To be eligible to receive an award under
this subsection, an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including a description of how the entity will--
``(A) coordinate relevant activities with applicable State,
local, and Tribal health departments and officials, health care
facilities, and health care coalitions to improve public health
preparedness and response, as informed by the public health
preparedness and response needs of the community, or
communities, involved;
``(B) prioritize efforts to implement evidence-informed or
evidence-based practices to improve public health preparedness
and response, including by helping to reduce the transmission
of emerging infectious diseases; and
``(C) use funds awarded under this subsection, including by
carrying out any activities described in paragraph (3).
``(3) Use of funds.--The Centers established or maintained
under this subsection shall use funds awarded under this subsection
to carry out activities to advance public health preparedness and
response capabilities, which may include--
``(A) identifying, translating, and disseminating promising
research findings or strategies into evidence-informed or
evidence-based practices to inform preparedness for, and
responses to, chemical, biological, radiological, or nuclear
threats, including emerging infectious diseases, and other
public health emergencies, which may include conducting
research related to public health preparedness and response
systems;
``(B) improving awareness of such evidence-informed or
evidence-based practices and other relevant scientific or
public health information among health care professionals,
public health professionals, other stakeholders, and the
public, including through the development, evaluation, and
dissemination of trainings and training materials, consistent
with section 2802(b)(2), as applicable and appropriate, and
with consideration given to existing training materials, to
support preparedness for, and responses to, such threats;
``(C) utilizing and expanding relevant technological and
analytical capabilities to inform public health and medical
preparedness and response efforts;
``(D) expanding activities, including through public-
private partnerships, related to public health preparedness and
response, including participation in drills and exercises and
training public health experts, as appropriate; and
``(E) providing technical assistance and expertise that
relies on evidence-based practices, as applicable, related to
responses to public health emergencies, as appropriate, to
State, local, and Tribal health departments and other entities
pursuant to paragraph (2)(A).
``(4) Distribution of awards.--In awarding grants, contracts,
or cooperative agreements under this subsection, the Secretary
shall support not fewer than 10 Centers, subject to the
availability of appropriations, and ensure that such awards are
equitably distributed among the geographical regions of the United
States.''; and
(2) in subsection (f)(1)(C), by striking ``, of which
$5,000,000 shall be used to carry out paragraphs (3) through (5) of
such subsection''.
(b) Repeal.--Section 319G of the Public Health Service Act (42
U.S.C. 247d-7) is repealed.
SEC. 2232. VACCINE DISTRIBUTION PLANS.
Section 319A of the Public Health Service Act (42 U.S.C. 247d-1) is
amended--
(1) in subsection (a)--
(A) by inserting ``, or other federally purchased vaccine
to address another pandemic'' before the period at the end of
the first sentence; and
(B) by inserting ``or other pandemic'' before the period at
the end of the second sentence; and
(2) in subsection (d), by inserting ``or other pandemics''
after ``influenza pandemics''.
SEC. 2233. COORDINATION AND COLLABORATION REGARDING BLOOD SUPPLY.
The Secretary of Health and Human Services, or the Secretary's
designee, shall--
(1) ensure coordination and collaboration between relevant
Federal departments and agencies related to the safety and
availability of the blood supply, including--
(A) the Department of Health and Human Services, including
the Office of the Assistant Secretary for Health, the Centers
for Disease Control and Prevention, the Food and Drug
Administration, the Office of the Assistant Secretary for
Preparedness and Response, the National Institutes of Health,
the Centers for Medicare & Medicaid Services, and the Health
Resources and Services Administration;
(B) the Department of Defense; and
(C) the Department of Veterans Affairs; and
(2) consult and communicate with private stakeholders,
including blood collection establishments, health care providers,
accreditation organizations, researchers, and patients, regarding
issues related to the safety and availability of the blood supply.
SEC. 2234. SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL
COLLABORATION TO ADDRESS ANTIMICROBIAL RESISTANCE.
Section 319E of the Public Health Service Act (42 U.S.C. 247d-5) is
amended--
(1) by redesignating subsections (k), (l), and (m) as
subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (j), the following:
``(k) Network of Antibiotic Resistance Regional Laboratories.--
``(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall, as
appropriate, maintain a network of antibiotic resistance laboratory
sites to ensure the maintenance of appropriate capabilities, within
existing laboratory capacity maintained or supported by the Centers
for Disease Control and Prevention, to--
``(A) identify and monitor the emergence and changes in the
patterns of antimicrobial-resistant pathogens;
``(B) detect, identify, confirm, and isolate such resistant
pathogens, including, as appropriate, performing such
activities upon the request of another laboratory and providing
related technical assistance, and, as applicable, support
efforts to respond to local or regional outbreaks of such
resistant pathogens; and
``(C) perform activities to support the diagnosis of such
resistant pathogens and determine the susceptibility of
relevant pathogen samples to applicable treatments.
``(2) Geographic distribution.--The Secretary shall ensure that
such capacity and capabilities are appropriately distributed among
the geographical regions of the United States.
``(3) Partnerships and nonduplication of current domestic
capacity.--Activities supported under this subsection may be based
in an academic center, a State health department, or other facility
operated by a public or private entity that carries out relevant
laboratory or public health surveillance activities.
``(l) International Collaboration.--
``(1) In general.--The Secretary, in coordination with heads of
other relevant Federal departments and agencies, shall support
activities related to addressing antimicrobial resistance
internationally, including by--
``(A) supporting basic, translational, epidemiological, and
clinical research related to antimicrobial-resistant pathogens,
including such pathogens that have not yet been detected in the
United States, and improving related public health surveillance
systems, and laboratory and other response capacity; and
``(B) providing technical assistance related to
antimicrobial resistant infection and control activities.
``(2) Awards.--In carrying out paragraph (1), the Secretary may
award grants, contracts, or cooperative agreements to public and
private entities, including nongovernmental organizations, with
applicable expertise, for purposes of supporting new and innovative
approaches to the prevention, detection, and mitigation of
antimicrobial-resistant pathogens.''.
SEC. 2235. ONE HEALTH FRAMEWORK.
(a) One Health Framework.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), acting
through the Director of the Centers for Disease Control and Prevention,
shall develop, or update as appropriate, in coordination with other
Federal departments and agencies, as appropriate, a One Health
framework to address zoonotic diseases and advance public health
preparedness.
(b) One Health Coordination.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
coordinate with the Secretary of Agriculture and the Secretary of the
Interior to develop a One Health coordination mechanism at the Federal
level to strengthen One Health collaboration related to prevention,
detection, control, and response for zoonotic diseases and related One
Health work across the Federal Government.
(c) Reporting.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report providing
an update on the activities under subsections (a) and (b).
SEC. 2236. SUPPORTING CHILDREN DURING PUBLIC HEALTH EMERGENCIES.
Section 2811A of the Public Health Service Act (42 U.S.C. 300hh-
10b) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``and behavioral'' and inserting ``,
behavioral, developmental''; and
(ii) by striking ``; and'' and inserting a semicolon;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) provide advice and consultation with respect to
continuity of care and education for all children and supporting
parents and caregivers during all-hazards emergencies.'';
(2) in subsection (d)(2)--
(A) in subparagraph (C), by striking ``care; and'' and
inserting ``care;'';
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) at least 4 non-Federal members representing child
care settings, State or local educational agencies, individuals
with expertise in children with disabilities, and parents;
and''; and
(D) in subparagraph (E), as so redesignated--
(i) by striking clause (ii); and
(ii) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively.
Subtitle C--Accelerating Research and Countermeasure Discovery
CHAPTER 1--FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING
COORDINATION
SEC. 2301. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
Subpart 6 of part C of title IV of the Public Health Service Act is
amended by inserting after section 447C (42 U.S.C. 285f-4) the
following:
``SEC. 447D. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC CONCERN.
``(a) In General.--The Director of the Institute, in collaboration,
as appropriate, with the directors of applicable institutes, centers,
and divisions of the National Institutes of Health, the Assistant
Secretary for Preparedness and Response, and the Director of the
Biomedical Advanced Research and Development Authority, shall establish
or continue a multidisciplinary research program to advance the
discovery and preclinical development of medical products for priority
virus families and other viral pathogens with a significant potential
to cause a pandemic, through support for research centers.
``(b) Uses of Funds.--The Director of the Institute shall award
funding through grants, contracts, or cooperative agreements to public
or private entities to provide support for research centers described
in subsection (a) for the purpose of--
``(1) conducting basic research through preclinical development
of new medical products or technologies, including platform
technologies, to address pathogens of pandemic concern;
``(2) identifying potential targets for therapeutic candidates,
including antivirals, to treat such pathogens;
``(3) identifying existing medical products with the potential
to address such pathogens, including candidates that could be used
in outpatient settings; and
``(4) carrying out or supporting other research related to
medical products to address such pathogens, as determined
appropriate by the Director.
``(c) Coordination.--The Director of the Institute shall, as
appropriate, provide for the coordination of activities among the
centers described in subsection (a), including through--
``(1) facilitating the exchange of information and regular
communication among the centers, as appropriate; and
``(2) requiring the periodic preparation and submission to the
Director of reports on the activities of each center.
``(d) Priority.--In awarding funding through grants, contracts, or
cooperative agreements under subsection (a), the Director of the
Institute shall, as appropriate, give priority to applicants with
existing frameworks and partnerships, as applicable, to support the
advancement of such research.
``(e) Collaboration.--The Director of the Institute shall--
``(1) collaborate with the heads of other appropriate Federal
departments, agencies, and offices with respect to the
identification of additional priority virus families and other
viral pathogens with a significant potential to cause a pandemic;
and
``(2) collaborate with the Director of the Biomedical Advanced
Research and Development Authority with respect to the research
conducted by centers described in subsection (a), including, as
appropriate, providing any updates on the research advancements
made by such centers, identifying any advanced research and
development needs for such countermeasures, consistent with section
319L(a)(6), and taking into consideration existing manufacturing
capacity and future capacity needs for such medical products or
technologies, including platform technologies, supported by the
centers described in subsection (a).
``(f) Supplement, Not Supplant.--Any support received by a center
described in subsection (a) under this section shall be used to
supplement, and not supplant, other public or private support for
activities authorized to be supported.''.
SEC. 2302. IMPROVING MEDICAL COUNTERMEASURE RESEARCH COORDINATION.
Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b))
is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period and inserting a
semicolon; and
(3) by inserting after paragraph (25) the following:
``(26) shall consult with the Assistant Secretary for
Preparedness and Response, the Director of the Biomedical Advanced
Research and Development Authority, the Director of the Centers for
Disease Control and Prevention, and the heads of other Federal
agencies and offices, as appropriate, regarding research needs to
advance medical countermeasures to diagnose, mitigate, prevent, or
treat harm from any biological agent or toxin, including emerging
infectious diseases, chemical, radiological, or nuclear agent that
may cause a public health emergency or other research needs related
to emerging public health threats;''.
SEC. 2303. ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
(a) Improving Research and Development of Medical Countermeasures
for Novel Pathogens.--
(1) Sample access.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall make
publicly available policies and procedures related to public and
private entities accessing specimens of, or specimens containing,
pathogens or suitable surrogates for, or alternatives to, such
pathogens as the Secretary determines appropriate to support public
health preparedness and response activities or biomedical research
for purposes of the development and validation, as applicable, of
medical products to address emerging infectious diseases and for
use to otherwise respond to emerging infectious diseases. Such
policies and procedures shall take into account, as appropriate,
any applicable existing Federal resources.
(2) Guidance.--The Secretary shall issue guidance regarding the
procedures for carrying out paragraph (1), including--
(A) the method for requesting such samples;
(B) considerations for sample availability and use of
suitable surrogates or alternatives to such pathogens, as
appropriate, including applicable safeguard and security
measures; and
(C) information required to be provided in order to receive
such samples or suitable surrogates or alternatives.
(b) Earlier Development of Diagnostic Tests.--Title III of the
Public Health Service Act is amended by inserting after section 319A
(42 U.S.C. 247d-1) the following:
``SEC. 319B. EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
``The Secretary may contract with public and private entities, as
appropriate, to increase capacity in the rapid development, validation,
manufacture, and dissemination of diagnostic tests, as appropriate, to
State, local, and Tribal health departments and other appropriate
entities for immediate public health response activities to address an
emerging infectious disease with respect to which a public health
emergency is declared under section 319, or that has significant
potential to cause such a public health emergency.''.
SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY ON NATURAL IMMUNITY IN RELATION TO THE COVID-19 PANDEMIC.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study related to the current
scientific evidence on the durability of immunity to COVID-19.
(b) Inclusions.--The study pursuant to the contract under
subsection (a) shall include--
(1) an assessment of scientific evidence related to the
durability of immunity resulting from SARS-CoV-2 infection, COVID-
19 vaccination, or both, including any differences between
population groups;
(2) an assessment of the extent to which the Federal Government
makes publicly available the scientific evidence used by relevant
Federal departments and agencies to inform public health
recommendations related to immunity resulting from SARS-CoV-2
infection and COVID-19 vaccination; and
(3) a summary of scientific studies and evidence related to
SARS-CoV-2 infection-acquired immunity from a sample of other
countries or multilateral organizations.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the National Academies shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
study pursuant to subsection (a).
CHAPTER 2--IMPROVING BIOSAFETY AND BIOSECURITY
SEC. 2311. IMPROVING CONTROL AND OVERSIGHT OF SELECT BIOLOGICAL AGENTS
AND TOXINS.
Section 351A of the Public Health Service Act (42 U.S.C. 262a) is
amended--
(1) in subsection (b)(1), by amending subparagraph (A) to read
as follows:
``(A) proper training, including with respect to
notification requirements under this section, of--
``(i) individuals who are involved in the handling and
use of such agents and toxins, including appropriate skills
to handle such agents and toxins;
``(ii) individuals whose responsibilities routinely
place them in close proximity to laboratory facilities in
which such agents and toxins are being transferred,
possessed, or used; and
``(iii) individuals who perform administrative or
oversight functions of the facility related to the
transfer, possession, or use of such agents and toxins on
behalf of registered persons;'';
(2) in subsection (e)(1), by striking ``(including the risk of
use in domestic or international terrorism)'' and inserting
``(including risks posed by the release, theft, or loss of such
agent or toxin, or use in domestic or international terrorism)'';
(3) in subsection (k)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Notification with respect to federal facilities.--In the
event of the release, loss, or theft of an agent or toxin listed by
the Secretary pursuant to subsection (a)(1), or by the Secretary of
Agriculture pursuant to section 212(a)(1) of the Agricultural
Bioterrorism Protection Act of 2002, from or within a laboratory
facility owned or operated by the Department of Health and Human
Services, or other Federal laboratory facility subject to the
requirements of this section, the Secretary, in a manner that does
not compromise national security, shall--
``(A) not later than 72 hours after such event is reported
to the Secretary, notify the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives of such event,
including--
``(i) the Federal laboratory facility in which such
release, loss, or theft occurred; and
``(ii) the circumstances of such release, loss, or
theft; and
``(B) not later than 14 days after such notification,
update such Committees on--
``(i) any actions taken or planned by the Secretary to
mitigate any potential threat such release, loss, or theft
may pose to public health and safety; and
``(ii) any actions taken or planned by the Secretary to
review the circumstances of such release, loss, or theft,
and prevent similar events.''; and
(C) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) Annual report.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives on an annual basis a report--
``(A) summarizing the number and nature of notifications
received under subsection (e)(8) (relating to theft or loss)
and subsection (j) (relating to releases), during the preceding
fiscal year;
``(B) describing actions taken by the Secretary to address
such incidents, such as any corrective action plans required
and steps taken to promote adherence to, and compliance with,
safety and security best practices, standards, and regulations;
and
``(C) describing any gaps, challenges, or limitations with
respect to ensuring that such safety and security practices are
consistently applied and adhered to, and actions taken to
address such gaps, challenges, or limitations.''; and
(4) in subsection (m), by striking ``fiscal years 2002 through
2007'' and inserting ``fiscal years 2023 through 2027''.
SEC. 2312. STRATEGY FOR FEDERAL HIGH-CONTAINMENT LABORATORIES.
(a) Strategy for Federal High-containment Laboratories.--Not later
than 1 year after the date of enactment of this Act, the Director of
the Office of Science and Technology Policy, in consultation with
relevant Federal departments and agencies, shall establish a strategy
for the management, maintenance, and oversight of federally-owned
laboratory facilities operating at Biosafety Level 3 or 4, including
equivalent classification levels and facilities with Biosafety Level 4
capabilities. Such strategy shall include--
(1) a description of the roles and responsibilities of relevant
Federal departments and agencies with respect to the management,
maintenance, and oversight of Biosafety Level 3 or 4 laboratory
facilities;
(2) an assessment of the needs of the Federal Government with
respect to Biosafety Level 3 or 4 laboratory facilities;
(3) a summary of existing federally-owned Biosafety Level 3 or
4 laboratory facility capacity;
(4) a summary of other Biosafety Level 3 or 4 laboratory
facility capacity established through Federal funds;
(5) a description of how the capacity described in paragraphs
(3) and (4) addresses the needs of the Federal Government,
including--
(A) how relevant Federal departments and agencies
coordinate to provide access to appropriate laboratory
facilities to reduce unnecessary duplication; and
(B) any gaps in such capacity related to such needs;
(6) a summary of plans that are in place for the maintenance of
such capacity within each relevant Federal department or agency, as
applicable and appropriate, including processes for determining
whether to maintain or expand such capacity, and a description of
how the Federal Government will address rapid changes in the need
for such capacity within each relevant Federal department or agency
during a public health emergency; and
(7) a description of how the heads of relevant Federal
departments and agencies will coordinate to ensure appropriate
oversight of federally-owned laboratory facility capacity and
leverage such capacity within each relevant Federal department, as
appropriate, to fulfill the needs of each Federal department and
agency in order to reduce unnecessary duplication and improve
collaboration within the Federal Government.
(b) Clarification.--The strategy under subsection (a) shall not be
construed to supersede the authorities of each relevant Federal
department or agency with respect to the management, maintenance, and
oversight of the Federally-owned laboratory facilities operated by any
such Federal department or agency.
SEC. 2313. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
(a) In General.--Part A of title IV of the Public Health Service
Act (42 U.S.C. 281 et seq.) is amended by adding at the end the
following:
``SEC. 404O. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
``(a) Establishment.--The Secretary, acting through the Director of
NIH, shall establish an advisory committee, to be known as the
`National Science Advisory Board for Biosecurity' (referred to in this
section as the `Board').
``(b) Duties.--
``(1) In general.--The National Science Advisory Board for
Biosecurity referred to in section 205 of the Pandemic and All-
Hazards Preparedness Act (Public Law 109-417) (referred to in this
section as the `Board') shall provide technical advice, guidance,
or recommendations, to relevant Federal departments and agencies
related to biosafety and biosecurity oversight of biomedical
research, including--
``(A) oversight of federally-conducted or federally-
supported dual use biomedical research, such as the review of
policies or frameworks used to assess and appropriately manage
safety and security risks associated with such research, taking
into consideration national security concerns, the potential
benefits of such research, considerations related to the
research community, transparency, and public availability of
information, and international research collaboration; and
``(B) continuing to carry out the activities required under
section 205 of the Pandemic and All-Hazards Preparedness Act
(Public Law 109-417).
``(c) Considerations.--In carrying out the duties under subsection
(b), the Board may consider strategies to improve the safety and
security of biomedical research, including through--
``(1) leveraging or using new technologies and scientific
advancements to reduce safety and security risks associated with
such research and improve containment of pathogens; and
``(2) outreach to, and education and training of, researchers,
laboratory personnel, and other appropriate individuals with
respect to safety and security risks associated with such research
and mitigation of such risks.
``(d) Membership.--The Board shall be composed of the following:
``(1) Non-voting, ex officio members, including the following:
``(A) At least one representative of each of the following:
``(i) The Department of Health and Human Services.
``(ii) The Department of Defense.
``(iii) The Department of Agriculture.
``(iv) The Department of Homeland Security.
``(v) The Department of Energy.
``(vi) The Department of State.
``(vii) The Office of Science and Technology Policy.
``(viii) The Office of the Director of National
Intelligence.
``(B) Representatives of such other Federal departments or
agencies as the Secretary determines appropriate to carry out
the requirements of this section.
``(2) Individuals, appointed by the Secretary, with expertise
in biology, infectious diseases, public health, ethics, national
security, and other fields, as the Secretary determines
appropriate, who shall serve as voting members.''.
(b) Orderly Transition.--The Secretary of Health and Human Services
shall take such steps as are necessary to provide for the orderly
transition to the authority of the National Science Advisory Board for
Biosecurity established under section 404O of the Public Health Service
Act, as added by subsection (a), from any authority of the Board
described in section 205 of the Pandemic and All-Hazards Preparedness
Act (Public Law 109-417), as in effect on the day before the date of
enactment of this Act.
(c) Application.--The requirements under section 404O of the Public
Health Service Act, as added by subsection (a), related to the mission,
activities, or functions of the National Science Advisory Board for
Biosecurity shall not apply until the completion of any work undertaken
by such Board before the date of enactment of this Act.
SEC. 2314. RESEARCH TO IMPROVE BIOSAFETY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, as
appropriate, conduct or support research to improve the safe conduct of
biomedical research activities involving pathogens of pandemic
potential or biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary shall prepare and submit a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
regarding an overview of any research conducted or supported under this
section, any relevant findings, and steps the Secretary is taking to
disseminate any such findings to support the reduction of risks
associated with biomedical research involving pathogens of pandemic
potential or biological agents or toxins listed pursuant to section
351A(a)(1) of the Public Health Service Act (42 U.S.C. 262a(a)(1)).
SEC. 2315. FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHOGENS OF
PANDEMIC POTENTIAL.
(a) Review and Oversight of Enhanced Pathogens of Pandemic
Potential.--
(1) In general.--The Director of the Office of Science and
Technology Policy (referred to in this section as the
``Director''), in consultation with the heads of relevant Federal
departments and agencies, shall--
(A) not later than 1 year after the date of enactment of
this Act--
(i) continue or conduct a review of existing Federal
policies related to research proposed for Federal funding
that may be reasonably anticipated to involve the creation,
transfer, or use of enhanced pathogens of pandemic
potential; and
(ii) establish or update a Federal policy for the
consistent review and oversight of such proposed research
that appropriately considers the risks associated with, and
potential benefits of, such research; and
(B) not less than every 4 years thereafter, review and
update such policy, as necessary and appropriate, to ensure
that such policy fully accounts for relevant research that may
be reasonably anticipated to involve the creation, transfer, or
use of enhanced pathogens of pandemic potential, takes into
consideration the benefits of such research, and supports the
mitigation of related risks.
(2) Requirements.--The policy established pursuant to paragraph
(1) shall include--
(A) a clear scope to support the consistent identification
of research proposals subject to such policy by relevant
Federal departments and agencies;
(B) a framework for such reviews that accounts for safety,
security, and ethical considerations related to the creation,
transfer, or use of enhanced pathogens of pandemic potential;
(C) measures to enhance the transparency and public
availability of information related to such research activities
in a manner that does not compromise national security, the
safety and security of such research activities, or any
identifiable, sensitive information of relevant individuals;
and
(D) consistent procedures across relevant Federal
department and agencies to ensure that--
(i) proposed research that has been determined to have
scientific and technical merit and may be subject to such
policy is identified and referred for review;
(ii) subjected research activities conducted under an
award, including activities undertaken by any subrecipients
of such award, are monitored regularly throughout the
project period to ensure compliance with such policy and
the terms and conditions of such award; and
(iii) in the event that federally-funded research
activities not subject to such policy produce unanticipated
results related to the creation, transfer, or use of
enhanced pathogens of pandemic potential, such research
activities are identified and appropriately reviewed under
such policy.
(3) Clarification.--Reviews required pursuant to this section
shall be in addition to any applicable requirements for research
project applications required under the Public Health Service Act,
including reviews required under section 492 of such Act (42 U.S.C.
289a), as applicable, or other applicable laws.
(b) Implementation.--
(1) In general.--The Director shall direct all heads of
relevant Federal departments and agencies to update, modernize, or
promulgate applicable implementing guidance to implement the
requirements of this section.
(2) Updates.--Consistent with the requirements under subsection
(a)(1)(B), the Director shall require all heads of relevant Federal
departments and agencies to update such policies consistent with
any changes to the policy established pursuant to subsection
(a)(1).
(c) Limitations on Countries of Concern Conducting Certain
Research.--
(1) In general.--Beginning not later than 60 days after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall not fund research conducted by a foreign
entity at a facility located in a country of concern, in the
estimation of the Director of National Intelligence or the head of
another relevant Federal department or agency, as appropriate, in
consultation with the Secretary of Health and Human Services,
involving pathogens of pandemic potential or biological agents or
toxins listed pursuant to section 351A(a)(1) of the Public Health
Service Act (42 U.S.C. 262a(a)(1)).
(2) Conditions for lifting or suspending prohibition.--The
Secretary of Health and Human Services may lift or suspend the
prohibition of funding under paragraph (1)--
(A) only after the review required under subsection
(a)(1)(A)(i) is complete; and
(B) only if the Secretary notifies Congress not less than
15 days before such prohibition is lifted or suspended.
CHAPTER 3--PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH
SEC. 2321. FOREIGN TALENT RECRUITMENT PROGRAMS.
(a) Intramural Research.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this chapter as the ``Secretary'') shall prohibit
personnel of the National Institutes of Health engaged in
intramural research from participation in foreign talent
recruitment programs.
(2) Exemption.--Paragraph (1) shall not apply to participation
in international conferences or other international exchanges,
partnerships, or programs, for which such participation has been
approved by the National Institutes of Health. In such
circumstances, the National Institutes of Health shall ensure
appropriate training is provided to the participant on how to
respond to overtures from individuals associated with foreign
talent recruitment programs.
(b) Extramural Research.--The Secretary shall require disclosure of
participation in foreign talent recruitment programs, including the
provision of copies of all grants, contracts, or other agreements
related to such programs, and other supporting documentation related to
such programs, as a condition of receipt of Federal extramural
biomedical research funding awarded through the Department of Health
and Human Services.
(c) Consistency.--The Secretary shall ensure that the policies
developed, updated, or issued pursuant to subsections (a) and (b) are,
to the greatest extent practicable, consistent with the requirements of
subtitle D of title VI of division B of Public Law 117-167 (42 U.S.C.
19231 et seq.) related to foreign talent recruitment programs.
SEC. 2322. SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND ADDRESSING
OTHER NATIONAL SECURITY RISKS RELATED TO RESEARCH.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Director of National Intelligence, the Secretary
of State, the Secretary of Defense, and other national security
experts, as appropriate, shall ensure that biomedical research
conducted or supported by the National Institutes of Health and other
relevant agencies and offices within the Department of Health and Human
Services is conducted or supported in a manner that appropriately
considers national security risks, including national security
implications related to research involving the sequencing of human
genomic information, and collection, analysis, or storage of
identifiable, sensitive information, as defined in section 301(d)(4) of
the Public Health Service Act (42 U.S.C. 241(d)(4)), and the potential
misuse of such data. Not later than 2 years after the date of enactment
of this Act, the Secretary shall ensure that the National Institutes of
Health and other relevant agencies and offices within the Department of
Health and Human Services, in consultation with the heads of agencies
and national security experts, including the Office of the National
Security within the Department of Health and Human Services--
(1) develop a comprehensive framework and policies for
assessing and managing such national security risks that includes,
or review and update, as appropriate, the current (as of the date
of review) such framework and policies to include--
(A) criteria for how and when to conduct risk assessments
for projects that may have national security implications;
(B) security controls and training for researchers or
entities, including peer reviewers, that manage or have access
to such data that may present national security risks; and
(C) methods to incorporate risk mitigation in the process
for funding such projects that may have national security
implications and monitor associated research activities
following issuance of an award, including changes in the terms
and conditions related to the use of such funds, as
appropriate;
(2) not later than 1 year after the framework and policies are
developed or reviewed and updated, as applicable, under paragraph
(1), develop and implement controls to ensure that--
(A) researchers or entities involved in projects reviewed
under the framework and relevant policies, including such
projects that manage or have access to sensitive, identifiable
information, have complied with the requirements of paragraph
(1) and ongoing requirements with such paragraph;
(B) consideration of funding for projects that may have
national security implications takes into account the extent to
which the country in which the proposed research will be
conducted or supported poses a risk to the integrity of the
United States biomedical research enterprise; and
(C) data access committees reviewing data access requests
for projects that may have national security risks, as
appropriate, include members with expertise in current and
emerging national security threats, in order to make
appropriate decisions, including related to access to such
identifiable, sensitive information; and
(3) not later than 2 years after the framework and relevant
policies are developed or reviewed and updated, as applicable,
under paragraph (1), update data access and sharing policies
related to human genomic data, as applicable, based on current and
emerging national security threats.
(b) Congressional Briefing.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall provide a briefing to the
Committee on Health, Education, Labor, and Pensions and the Select
Committee on Intelligence of the Senate and the Committee on Energy and
Commerce and the Permanent Select Committee on Intelligence of the
House of Representatives on the activities required under subsection
(a).
SEC. 2323. DUTIES OF THE DIRECTOR.
Section 402(b) in the Public Health Service Act (42 U.S.C. 282(b)),
as amended by section 2302, is further amended by inserting after
paragraph (26) (as added by section 2302) the following:
``(27) shall consult with the Director of the Office of
National Security within the Department of Health and Human
Services, the Assistant Secretary for Preparedness and Response,
the Director of National Intelligence, the Director of the Federal
Bureau of Investigation, and the heads of other appropriate
agencies on a regular basis, regarding biomedical research
conducted or supported by the National Institutes of Health that
may affect or be affected by matters of national security;
``(28) shall ensure that recipients of awards from the National
Institutes of Health, and, as appropriate and practicable, entities
collaborating with such recipients, have in place and are adhering
to appropriate technology practices and policies for the security
of identifiable, sensitive information, including information
collected, stored, managed, or analyzed by domestic and non-
domestic entities; and
``(29) shall ensure that recipients of awards from the National
Institutes of Health are in compliance with the terms and
conditions of such award, which may include activities to support
awareness of, and compliance with, such terms and conditions by any
subrecipients of the award.''.
SEC. 2324. PROTECTING AMERICA'S BIOMEDICAL RESEARCH ENTERPRISE.
(a) In General.--The Secretary, in consultation with the Assistant
to the President for National Security Affairs, the Director of
National Intelligence, the Director of the Federal Bureau of
Investigation, and the heads of other relevant departments and
agencies, and in consultation with research institutions and research
advocacy organizations or other relevant experts, as appropriate,
shall--
(1) identify ways to improve the protection of intellectual
property and other proprietary information, as well as
identifiable, sensitive information of participants in biomedical
research and development, from national security risks and other
applicable threats, including the identification of gaps in
policies and procedures in such areas related to biomedical
research and development supported by the Department of Health and
Human Services, and make recommendations to institutions of higher
education or other entities that have traditionally received
Federal funding for biomedical research to protect such
information;
(2) identify or develop strategies to prevent, mitigate, and
address national security risks and threats in biomedical research
and development supported by the Federal Government, including such
threats associated with foreign talent programs, by countries
seeking to exploit United States technology and other proprietary
information as it relates to such biomedical research and
development, and make recommendations for additional policies and
procedures to protect such information;
(3) identify national security risks and potential misuse of
proprietary information, and identifiable, sensitive information of
biomedical research participants and other applicable risks,
including with respect to peer review, and make recommendations for
additional policies and procedures to protect such information;
(4) develop a framework to identify areas of biomedical
research and development supported by the Federal Government that
are emerging areas of interest for state actors and would
compromise national security if they were to be subjected to undue
foreign influence; and
(5) regularly review recommendations or policies developed
under this section and make additional recommendations or updates,
as appropriate.
(b) Report to President and to Congress.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall prepare
and submit, in a manner that does not compromise national security, to
the President and the Committee on Health, Education, Labor, and
Pensions and the Select Committee on Intelligence of the Senate, the
Committee on Energy and Commerce and the Permanent Select Committee on
Intelligence of the House of Representatives, and other congressional
committees as appropriate, a report on the findings and recommendations
pursuant to subsection (a).
SEC. 2325. GAO STUDY.
(a) In General.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
conduct a study to assess the extent to which the Department of Health
and Human Services (referred to in this section as the ``Department'')
utilizes or provides funding to entities that utilize such funds for
human genomic sequencing services or genetic services (as such term is
defined in section 201(6) of the Genetic Information Nondiscrimination
Act of 2008 (42 U.S.C. 2000ff(6))) provided by entities, or
subsidiaries of such entities, organized under the laws of a country or
countries of concern, in the estimation of the Director of National
Intelligence or the head of another Federal department or agency, as
appropriate.
(b) Considerations.--In carrying out the study under this section,
the Comptroller General shall--
(1) consider--
(A) the extent to which the country or countries of concern
could obtain human genomic information of citizens and
residents of the United States from such entities that
sequence, analyze, collect, or store human genomic information
and which the Director of National Intelligence or the head of
another Federal department or agency reasonably anticipates may
use such information in a manner inconsistent with the national
security interests of the United States;
(B) whether the Department or recipient of such funds from
the Department sought to provide funding to, or to use,
domestic entities with no such ties to the country or countries
of concern for such purposes and any barriers to the use of
domestic entities; and
(C) whether data use agreements, data security measures,
and other such measures taken by the Department or recipient of
such funds from the Department are sufficient to protect the
identifiable, sensitive information of the people of the United
States and the national security interests of the United
States; and
(2) make recommendations to address any vulnerabilities to the
United States national security identified, as appropriate.
(c) Estimation.--In conducting the study under this section, the
Comptroller General may, as appropriate and necessary to complete such
study, investigate specific instances of such utilization of genetic
sequencing services or genetic services, as described in subsection
(a), to produce estimates of the potential prevalence of such
utilization among entities in receipt of Departmental funds.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit a report on the study
under this section, in a manner that does not compromise national
security, to the Committee on Health, Education, Labor, and Pensions
and the Select Committee on Intelligence of the Senate, and the
Committee on Energy and Commerce and the Permanent Select Committee on
Intelligence of the House of Representatives. The report shall be
submitted in unclassified form, to the extent practicable, but may
include a classified annex.
SEC. 2326. REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN INFLUENCE.
Not later than 1 year after the date of enactment of this Act and
annually thereafter, the Secretary shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce in the House of Representatives,
in a manner that does not compromise national security, a report on
actions taken by the Secretary--
(1) to address cases of noncompliance with disclosure
requirements or research misconduct related to foreign influence,
including--
(A) the number of potential noncompliance cases
investigated by the National Institutes of Health or reported
to the National Institutes of Health by a research institution,
including relating to undisclosed research support, undisclosed
conflicts of interest or other conflicts of commitment, and
peer review violations;
(B) the number of cases referred to the Office of Inspector
General of the Department of Health and Human Services, the
Office of National Security of the Department of Health and
Human Services, the Federal Bureau of Investigation, or other
law enforcement agencies;
(C) a description of enforcement actions taken for
noncompliance related to undue foreign influence; and
(D) any other relevant information; and
(2) to prevent, address, and mitigate instances of
noncompliance with disclosure requirements or research misconduct
related to foreign influence.
CHAPTER 4--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH
SEC. 2331. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
(a) In General.--Title IV of the Public Health Service Act is
amended by adding at the end the following:
``PART J--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``(a) Establishment.--
``(1) In general.--There is established within the National
Institutes of Health the Advanced Research Projects Agency-Health
(referred to in this section as `ARPA-H'). Not later than 180 days
after the date of enactment of this section, the Secretary shall
transfer all functions, personnel, missions, activities,
authorities, and funds of the Advanced Research Projects Agency for
Health as in existence on the date of enactment of this section, to
ARPA-H established by the preceding sentence.
``(2) Organization.--
``(A) In general.--There shall be within ARPA-H--
``(i) an Office of the Director;
``(ii) not more than 8 program offices; and
``(iii) such special project offices as the Director
may establish.
``(B) Requirement.--Not fewer than two-thirds of the
program offices of ARPA-H shall be exclusively dedicated to
supporting research and development activities, consistent with
the goals and functions described in subsection (b).
``(C) Notification.--The Director shall submit a
notification to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and
the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives if the Director
determines that additional program offices are required to
carry out this section.
``(3) Exemption from certain policies of nih.--
``(A) In general.--Except as otherwise provided for in this
section, and subject to subparagraph (B), in establishing ARPA-
H pursuant to paragraph (1), the Secretary may exempt ARPA-H
from policies and requirements of the National Institutes of
Health that are in effect on the day before the date of
enactment of this section as necessary and appropriate to
ensure ARPA-H can most effectively achieve the goals described
in subsection (b)(1).
``(B) Notice.--Not later than 90 days after the date of
enactment of this section, the Secretary shall publish a notice
in the Federal Register describing the specific policies and
requirements of the National Institutes of Health from which
the Secretary intends to exempt ARPA-H, including a rationale
for such exemptions.
``(b) Goals and Functions.--
``(1) Goals.--The goals of ARPA-H shall be to--
``(A) foster the development of novel, breakthrough, and
broadly applicable capabilities and technologies to accelerate
transformative innovation in biomedical science and medicine in
a manner that cannot be readily accomplished through
traditional Federal biomedical research and development
programs or commercial activity;
``(B) revolutionize the detection, diagnosis, mitigation,
prevention, treatment, and cure of diseases and health
conditions by overcoming long-term and significant
technological and scientific barriers to developing
transformative health technologies;
``(C) promote high-risk, high-reward innovation to enable
the advancement of transformative health technologies; and
``(D) contribute to ensuring the United States--
``(i) pursues initiatives that aim to maintain global
leadership in science and innovation; and
``(ii) improves the health and wellbeing of its
citizens by supporting the advancement of biomedical
science and innovation.
``(2) Functions.--ARPA-H shall achieve the goals specified in
paragraph (1) by addressing specific scientific or technical
questions by involving high-impact transformative, translational,
applied, and advanced research in relevant areas of science, by
supporting--
``(A) discovery, identification, and promotion of
revolutionary advancements in science;
``(B) translation of scientific discoveries into
transformative health technologies with potential application
for biomedical science and medicine;
``(C) creation of platform capabilities that draw on
multiple disciplines;
``(D) delivery of proofs of concept that demonstrate
meaningful advances with potential clinical application;
``(E) development of new capabilities and methods to
identify potential targets and technological strategies for
early disease detection and intervention, such as advanced
computational tools and predictive models; and
``(F) acceleration of transformational health technological
advances in areas with limited technical certainty.
``(c) Director.--
``(1) In general.--The President shall appoint a director of
ARPA-H (in this section referred to as the `Director').
``(2) Qualifications.--The Director shall be an individual who,
by reason of professional background and experience--
``(A) is especially qualified to advise the Secretary on,
and manage--
``(i) research and development programs; and
``(ii) large-scale, high-risk initiatives with respect
to health research and technology development across
multiple sectors, including identifying and supporting
potentially transformative health technologies; and
``(B) has a demonstrated ability to identify and develop
partnerships to address strategic needs in meeting the goals
described in subsection (b)(1).
``(3) Reporting.--The Director shall report to the Secretary of
Health and Human Services.
``(4) Duties.--The duties of the Director shall include the
following:
``(A) Establish strategic goals, objectives, and priorities
for ARPA-H to advance the goals described in subsection (b)(1).
``(B) Approve the projects and programs of ARPA-H and
restructure, expand, or terminate any project or program within
ARPA-H that is not achieving its goals.
``(C) Develop funding criteria and assess the success of
programs through the establishment of technical milestones.
``(D) Request that applications for funding disclose
current and previous research and development efforts related
to such applications, as appropriate, and identify any
challenges associated with such efforts, including any
scientific or technical barriers encountered in the course of
such efforts or challenges in securing sources of funding, as
applicable.
``(E) Coordinate with the heads of relevant Federal
departments and agencies to facilitate sharing of data and
information, as applicable and appropriate, and ensure that
research supported by ARPA-H is informed by and supplements,
not supplants, the activities of such departments and agencies
and is free of unnecessary duplication of effort.
``(F) Ensure ARPA-H does not provide funding for a project
unless the program manager determines that the project aligns
with the goals described in subsection (b)(1).
``(G) Prioritize investments based on considerations such
as--
``(i) scientific opportunity and potential impact,
especially in areas that fit within the strategies and
operating practices of ARPA-H and require public-private
partnerships to effectively advance research and
development activities; and
``(ii) the potential applications that an innovation
may have to address areas of currently unmet need in
medicine and health, including health disparities and the
potential to prevent progression to serious disease.
``(H) Encourage strategic collaboration and partnerships
with a broad range of entities, which may include institutions
of higher education, minority-serving institutions (defined,
for the purposes of this section, as institutions and programs
described in section 326(e)(1) of the Higher Education Act of
1965 and institutions described in section 371(a) of such Act),
industry, nonprofit organizations, Federally funded research
and development centers, or consortia of such entities.
``(5) Term.--Notwithstanding section 405(a)(2), the Director--
``(A) shall be appointed for a 4-year term; and
``(B) may be reappointed for 1 consecutive 4-year term.
``(6) Autonomy of agency regarding recommendations and
testimony.--No office or agency of the United States shall have
authority to require the Director to submit legislative
recommendations, or testimony or comments on legislation, to any
officer or agency of the United States for approval, comments, or
review prior to the submission of such recommendations, testimony
or comments to Congress, if such recommendations, testimony, or
comments to Congress include a statement indicating that the views
expressed therein are those of the Director and do not necessarily
reflect the views of the President or another Federal department,
agency, or office.
``(7) Deputy director.--The Director shall appoint a Deputy
Director to serve as the principal assistant to the Director.
``(8) Nonapplication of certain provision.--The restrictions
contained in section 202 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations
Act, 1993 (Public Law 102-394; 42 U.S.C. 238f note) related to
consultants and individual scientists appointed for limited periods
of time shall not apply to the Director appointed under this
subsection.
``(d) Application of Certain Flexibilities.--The flexibilities
provided to the National Institutes of Health under section 301(g)
shall apply to ARPA-H with respect to the functions described in
subsection (b)(2).
``(e) Protection of Information.--
``(1) No authorization for disclosure.--Nothing in this section
shall be construed as authorizing the Director to disclose any
information that is a trade secret or other privileged or
confidential information subject to section 552(b)(4) of title 5,
United States Code, or section 1905 of title 18, United States
Code.
``(2) Reporting.--If there have been requests under section 522
of title 5, United States Code, or the Secretary has used such
authority to withhold information within the preceding year, not
later than 1 year after the date of enactment of this section, and
annually thereafter, the Director shall report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives
on--
``(A) the number of instances in which the Secretary has
used the authority under this subsection to withhold
information from disclosure; and
``(B) the nature of any request under section 552 of title
5, United States Code, or section 1905 of title 18, United
States Code, that was denied using such authority.
``(3) Clarification.--The protections for trade secrets or
other privileged or confidential information described in paragraph
(1) shall not be construed to limit the availability or disclosure
of information necessary to inform and facilitate the evaluation
required under subsection (k)(2). Any such information made
available to members of the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
`National Academies') for such evaluation shall be kept
confidential by such members and shall not be used for any purposes
other than informing and facilitating the evaluation required under
subsection (k)(2).
``(f) Cooperation With the Food and Drug Administration.--
``(1) In general.--In order to facilitate the enhanced
collaboration and communication with respect to the most current
priorities of ARPA-H, the Food and Drug Administration may meet
with ARPA-H and any other Federal partners at appropriate intervals
to discuss the development status, and actions that may be taken to
facilitate the development, of medical products and projects that
are the highest priorities to ARPA-H.
``(2) Reimbursement.--Utilizing interagency agreements or other
appropriate resource allocation mechanisms available, the Director
shall reimburse, using funds made available to ARPA-H, the Food and
Drug Administration, as appropriate, for activities identified by
the Commissioner of Food and Drugs and the Director as being
conducted by the Food and Drug Administration under the authority
of this subsection.
``(g) Awards.--
``(1) In general.--In carrying out this section, the Director
may--
``(A) award grants and cooperative agreements, which shall
include requirements to publicly report indirect facilities and
administrative costs, broken out by fixed capital costs,
administrative overhead, and labor costs;
``(B) award contracts, which may include multi-year
contracts subject to section 3903 of title 41, United States
Code;
``(C) award cash prizes, utilizing the authorities and
processes established under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980; and
``(D) enter into other transactions, as defined by section
319L(a)(3), subject to paragraph (2).
``(2) Limitations on entering into other transactions.--
``(A) Use of competitive procedures.--To the maximum extent
practicable, competitive procedures shall be used when entering
into other transactions under this section.
``(B) Written determination required.--The authority of
paragraph (1)(D) may be exercised for a project if the program
manager--
``(i) submits a request to the Director for each
individual use of such authority before conducting or
supporting a program, including an explanation of why the
use of such authority is essential to promoting the success
of the project;
``(ii) receives approval for the use of such authority
from the Director; and
``(iii) for each year in which the program manager has
used such authority in accordance with this paragraph,
submits a report to the Director on the activities of the
program related to such project.
``(3) Exemptions from certain requirements.--Research funded by
ARPA-H shall not be subject to the requirements of section
406(a)(3)(A)(ii) or section 492.
``(h) Facilities Authority.--
``(1) In general.--The Director is authorized, for
administrative purposes, to--
``(A) acquire (by purchase, lease, condemnation or
otherwise), construct, improve, repair, operate, and maintain
such real and personal property as are necessary to carry out
this section; and
``(B) lease an interest in property for not more than 20
years, notwithstanding section 1341(a)(1) of title 31, United
States Code.
``(2) Locations.--
``(A) In general.--ARPA-H, including its headquarters,
shall not be located on any part of the existing National
Institutes of Health campuses.
``(B) Number of locations.--ARPA-H shall have offices or
facilities in not less than 3 geographic areas.
``(C) Considerations.--In determining the location of each
office or facility, the Director shall make a fair and open
consideration of--
``(i) the characteristics of the intended location; and
``(ii) the extent to which such location will
facilitate advancement of the goals and functions specified
in subsection (b).
``(i) Personnel.--
``(1) In general.--The Director may--
``(A) appoint and remove scientific, engineering, medical,
and professional personnel, which may include temporary or
term-limited appointments as determined by the Director to
fulfill the mission of ARPA-H, without regard to any provision
in title 5, United States Code, governing appointments and
removals under the civil service laws;
``(B) notwithstanding any other provision of law, including
any requirement with respect to General Schedule pay rates
under subchapter III of chapter 53 of title 5, United States
Code, fix the base pay compensation of such personnel at a rate
to be determined by the Director, up to the amount of annual
compensation (excluding expenses) specified in section 102 of
title 3, United States Code; and
``(C) contract with private recruiting firms for assistance
in identifying highly qualified candidates for technical
positions needed to carry out this section.
``(2) Support staff.--The Director may use authorities in
existence on the date of enactment of this section that are
provided to the Secretary to hire administrative, financial,
clerical, and other staff necessary to carry out functions that
support the goals and functions described in subsection (b).
``(3) Number of personnel.--The Director may appoint not more
than 210 personnel under this section. The Director shall submit a
notification to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives if the Director
determines that additional personnel are required to carry out this
section.
``(4) Clarification on previous positions.--
``(A) In general.--Except as provided in subparagraph (B),
the Director shall ensure that the personnel who are appointed
to staff or support ARPA-H are individuals who, at the time of
appointment and for 3 years prior to such appointment, were not
employed by the National Institutes of Health. The Director may
grant an exemption only for individuals who are uniquely
qualified, by way of professional background and expertise, to
advance the goals and functions specified in subsection (b).
``(B) Nonapplication of provision.--The restriction
provided under subparagraph (A) shall not apply to any
individuals who are employed by ARPA-H on the date of enactment
of this section.
``(5) Additional considerations.--In appointing personnel under
this subsection, the Director--
``(A) may contract with private entities for the purposes
of recruitment services;
``(B) shall make efforts to recruit a diverse workforce,
including individuals underrepresented in science, engineering,
and medicine, including racial and ethnic minorities, provided
such efforts do not conflict with applicable Federal civil
rights law, and individuals with a variety of professional
experiences or backgrounds; and
``(C) shall recruit program managers with demonstrated
expertise in a wide range of scientific disciplines and
management skills.
``(6) Use of intergovernmental personnel act.--To the extent
needed to carry out the authorities under paragraph (1) and the
goals and functions specified in subsection (b), the Director may
utilize hiring authorities under sections 3371 through 3376 of
title 5, United States Code.
``(7) Authority to accept federal detailees.--The Director may
accept officers or employees of the United States or members of the
uniformed service on a detail from an element of the Federal
Government, on a reimbursable or a nonreimbursable basis, as
jointly agreed to by the heads of the receiving and detailing
elements, for a period not to exceed 3 years.
``(j) Program Managers.--
``(1) In general.--The Director shall appoint program managers
for 3-year terms (and may reappoint such program managers for 1
additional consecutive 3-year term) for the programs carried out by
ARPA-H.
``(2) Duties.--A program manager shall--
``(A) establish, in consultation with the Director,
research and development goals for programs, including
timelines and milestones, and make such goals available to the
public;
``(B) manage applications and proposals, through the
appropriate officials, for making awards as described in
subsection (g) for activities consistent with the goals and
functions described in subsection (b);
``(C) issue funding opportunity announcements, using
uniform administrative processes, as appropriate;
``(D) select, on the basis of merit, each of the projects
to be supported under a program carried out by ARPA-H, and
taking into consideration--
``(i) the scientific, technical merit, and novelty of
the proposed project;
``(ii) the ability of the applicant to successfully
carry out the proposed project;
``(iii) the potential future commercial applications of
the project proposed by the applicant, including whether
such applications may have the potential to address areas
of currently unmet need within biomedicine and improve
health outcomes;
``(iv) the degree to which the proposed project has the
potential to transform biomedicine and addresses a
scientific or technical question pursuant to subsection
(b);
``(v) the potential for the project to take an
interdisciplinary approach; and
``(vi) such other criteria as established by the
Director;
``(E) provide project oversight and management of strategic
initiatives to advance the program, including by conducting
project reviews not later than 18 months after the date of
funding awards to identify and monitor progress of milestones
with respect to each project and prior to disbursement of
additional funds;
``(F) provide recommendations to the Director with respect
to advancing the goals and functions specified in subsection
(b);
``(G) encourage research collaborations and cultivate
opportunities for the application or utilization of successful
projects, including through identifying and supporting
applicable public-private partnerships or partnerships between
or among award recipients;
``(H) provide recommendations to the Director to establish,
expand, restructure, or terminate partnerships or projects; and
``(I) communicate and collaborate with leaders and experts
within the health care and biomedical research and development
fields, including from both the public and private sectors and,
as necessary, through the convening of workshops and meetings,
to identify research and development gaps and opportunities and
solicit stakeholder input on programs and goals.
``(k) Reports and Evaluation.--
``(1) Annual report.--
``(A) In general.--Beginning not later than 1 year after
the date of enactment of this section, as part of the annual
budget request submitted for each fiscal year, the Director
shall submit a report on the actions undertaken, and the
results generated, by ARPA-H, including--
``(i) a description of projects supported by ARPA-H in
the previous fiscal year and whether such projects are
meeting the goals developed by the Director pursuant to
subsection (c)(4)(A);
``(ii) a description of projects terminated in the
previous fiscal year, and the reason for such termination;
``(iii) a description of planned programs starting in
the next fiscal year, pending the availability of funding;
``(iv) activities conducted in coordination with other
Federal departments and agencies;
``(v) a description of any successes with, or barriers
to, coordinating with other Federal departments and
agencies to achieve the goals and functions under
subsection (b);
``(vi) aggregated demographic information, if
available, of direct recipients and performers in funded
projects and of the ARPA-H workforce (consistent with the
reporting requirements under paragraph (3)); and
``(vii) a summary of award recipient compliance with
section 2321 of the PREVENT Pandemics Act.
``(B) Submission to congress.--The report under
subparagraph (A) shall be submitted to--
``(i) the Committee on Energy and Commerce and the
Committee on Appropriations of the House of
Representatives; and
``(ii) the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate.
``(2) Evaluation.--
``(A) In general.--Not later than 5 years after the date of
the enactment of this section, the Director shall seek to enter
into an agreement with the National Academies under which the
National Academies conducts an evaluation of whether ARPA-H is
meeting the goals and functions specified in subsection (b).
``(B) Submission of results.--The agreement entered into
under subparagraph (A) shall require the National Academies to
submit the evaluation conducted under such agreement to the
Director, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives, and make the report
publicly available.
``(3) Reporting related to arpa-h personnel.--
``(A) In general.--The Director shall establish and
maintain records regarding the use of the authority under
subsection (i)(1)(A), including--
``(i) the number of positions filled through such
authority;
``(ii) the types of appointments of such positions;
``(iii) the titles, occupational series, and grades of
such positions;
``(iv) the number of positions publicly noticed to be
filled under such authority;
``(v) the number of qualified applicants who apply for
such positions;
``(vi) the qualification criteria for such positions;
and
``(vii) the demographic information of individuals
appointed to such positions.
``(B) Reports to congress.--Not later than 2 years after
the date of enactment of this section, and annually thereafter
for each fiscal year in which such authority is used, the
Director shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the total number of appointments filled under
subsection (i) within the fiscal year and how the positions
relate to the goals and functions of ARPA-H.
``(C) GAO report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
on the use of the authority provided under subsection
(i)(1)(A). Such report shall, in a manner that protects
personal privacy, to the extent required by applicable Federal
and State privacy law, at a minimum, include information on--
``(i) the number of positions publicly noticed and
filled under the authority under subsection (i);
``(ii) the occupational series, grades, and types of
appointments of such positions;
``(iii) how such positions related to advancing the
goals and functions of ARPA-H;
``(iv) how the Director made appointment decisions
under subsection (i);
``(v) a summary of sources used to identify candidates
for filling such positions, as applicable;
``(vi) the number of individuals appointed;
``(vii) aggregated demographic information related to
individuals appointed; and
``(viii) any challenges, limitations, or gaps related
to the use of the authority under subsection (i) and any
related recommendations to address such challenges,
limitations, or gaps.
``(l) Strategic Plan.--Not later than 1 year after the date of the
enactment of this section, and every 3 years thereafter, the Director
shall provide to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on Appropriations of
the House of Representatives a strategic plan describing how ARPA-H
will carry out investments each fiscal year in the following 3-year
period. The requirements regarding individual institute and center
strategic plans under section 402(m), including paragraph (3) of such
subsection, shall not apply to ARPA-H.
``(m) Independent Review.--Not later than 1 year after the date of
the enactment of this section, and every 4 years thereafter, the
Comptroller General of the United States shall conduct, and submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives, an independent review of the biomedical research and
development portfolio of the Department of Health and Human Services,
including ARPA-H, the National Institutes of Health, the Food and Drug
Administration, and the Biomedical Advanced Research and Development
Authority--
``(1) to assess the degree of any potential duplication of
existing Federal programs and projects; and
``(2) to make any recommendations regarding any potential
reorganization, consolidation, or termination of such programs and
projects.
``(n) Prioritization.--
``(1) In general.--The Director shall--
``(A) prioritize awarding grants, cooperative agreements,
contracts, prizes, and other transaction awards to entities
that will conduct funded work in the United States;
``(B) as appropriate and practicable, encourage nondomestic
recipients of any grants, cooperative agreements, contracts,
prizes, and other transactions under this section to
collaborate with a domestic entity;
``(C) not make awards under this section to nondomestic
entities organized under the laws of a covered foreign country
(as defined in section 119C of the National Security Act of
1947 (50 U.S.C. 3059)); and
``(D) in accordance with the requirements of chapter 33 of
title 41, United States Code, and the Federal Acquisition
Regulation, not make awards under this section to entities that
have more than 3 ongoing concurrent awards under this section.
``(2) Clarification.--In making an award under this section,
the Director may waive the requirements of subparagraphs (A), (B),
and (D) of paragraph (1) if such requirements cannot reasonably be
met, and the proposed project has the potential to advance the
goals described in subsection (b)(1). The Director shall provide
notice to Congress not later than 30 days after waiving such
requirements.
``(o) Additional Consultation.--In carrying out this section, the
Director may consult with--
``(1) the President's Council of Advisors on Science and
Technology;
``(2) representatives of professional or scientific
organizations, including academia and industry, with expertise in
specific technologies under consideration or development by ARPA-H;
``(3) an existing advisory committee providing advice to the
Secretary or the head of any operating or staff division of the
Department;
``(4) the advisory committee established under subsection (p);
and
``(5) any other entity the Director may deem appropriate.
``(p) Advisory Committee.--
``(1) In general.--There is established an ARPA-H Interagency
Advisory Committee (referred to in this subsection as the `Advisory
Committee') to coordinate efforts and provide advice and assistance
on specific program or project tasks and the overall direction of
ARPA-H.
``(2) Members.--The Advisory Committee established under
paragraph (1) shall consist of the heads of the following agencies
or their designees:
``(A) The National Institutes of Health.
``(B) The Centers for Disease Control and Prevention.
``(C) The Food and Drug Administration.
``(D) The Office of the Assistant Secretary for
Preparedness and Response.
``(E) The Office of the Assistant Secretary of Health.
``(F) The Defense Advanced Research Projects Agency.
``(G) The Office of Science of the Department of Energy.
``(H) The National Science Foundation.
``(I) Any other agency or office with subject matter
expertise that the Director of ARPA-H determines appropriate to
advance programs or projects under this section.
``(3) Nonapplicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
``(4) Advisory nature.--The functions of the Advisory Committee
shall be advisory in nature, and nothing in this subsection shall
be construed as granting such Committee authority over the
activities authorized under this section.
``(5) Performance measures framework.--
``(A) In general.--The Director, in consultation with the
Advisory Committee, shall develop a performance measures
framework for programs or projects supported by ARPA-H in order
to inform and facilitate the evaluation required under
subsection (k)(2), including identification of any data needed
to perform such evaluation,
``(B) Availability of performance measures.--The Director
shall provide to the National Academies such performance
measures and data necessary to perform the evaluation required
under subsection (k)(2).
``(q) Rule of Construction.--The authorities under this section,
with respect to the Director, are additional authorities that do not
supersede or modify any existing authorities.
``(r) Transformative Health Technology Defined.--In this section,
the term `transformative health technology' means a novel, broadly
applicable capability or technology--
``(1) that has potential to revolutionize the detection,
diagnosis, mitigation, prevention, cure, or treatment of a disease
or health condition that can cause severe health outcomes and which
is an area of currently unmet need; and
``(2) for which--
``(A) significant scientific or technical challenges exist;
or
``(B) incentives in the commercial market are unlikely to
result in the adequate or timely development of such capability
or technology.
``(s) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000,000 for each of the
fiscal years 2024 through 2028, to remain available until expended.
``(t) Additional Budget Clarification.--Any budget request for
ARPA-H shall propose a separate appropriation from the other accounts
of the National Institutes of Health.''.
(b) GAO Report on Certain Research Requirements.--The Comptroller
General of the United States shall conduct a review to assess the
extent to which relevant research conducted or supported by the
National Institutes of Health meets Federal animal research
requirements pursuant of the Public Health Service Policy on Humane
Care and Use of Laboratory Animals. Such review shall also consider
whether, for research conducted or supported by the National Institutes
of Health that involves the use of animals, the processes of the
National Institutes of Health for reviewing initial research proposals
and monitoring funded research include a review of project protocols
and methods to ensure that results generated by such project may be
reasonably anticipated to be reproducible and replicable and achieve
similar results, as applicable, in clinical trials. Not later than 2
years after the date of enactment of this Act, the Comptroller General
shall submit a report on the review required under this subsection to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives.
Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
Medical Products
SEC. 2401. WARM BASE MANUFACTURING CAPACITY FOR MEDICAL
COUNTERMEASURES.
(a) In General.--Section 319L of the Public Health Service Act (42
U.S.C. 247d-7e) is amended--
(1) in subsection (a)(6)(B)--
(A) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively;
(B) by inserting after clause (iii), the following:
``(iv) activities to support, maintain, and improve
domestic manufacturing surge capacity and capabilities, as
appropriate, including through the utilization of advanced
manufacturing and platform technologies, to increase the
availability of products that are or may become qualified
countermeasures or qualified pandemic or epidemic
products;''; and
(C) in clause (vi) (as so redesignated), by inserting
``manufacturing,'' after ``improvement,'';
(2) in subsection (b)--
(A) in the first sentence of paragraph (1), by inserting
``support for domestic manufacturing surge capacity and
capabilities,'' after ``initiatives for innovation,''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) by redesignating subparagraph (C) as subparagraph
(D); and
(iii) by inserting after subparagraph (B), the
following:
``(C) activities to support, maintain, and improve domestic
manufacturing surge capacity and capabilities, as appropriate,
including through the utilization of advanced manufacturing and
platform technologies, to increase the availability of products
that are or may become qualified countermeasures or qualified
pandemic or epidemic products; and'';
(3) in subsection (c)--
(A) in paragraph (2)(B), by inserting before the semicolon
``, including through the establishment and maintenance of
domestic manufacturing surge capacity and capabilities,
consistent with subsection (a)(6)(B)(iv)'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) in subclause (I), by striking ``and'' at
the end; and
(bb) by adding at the end the following:
``(III) facilitating such communication, as
appropriate, regarding manufacturing surge capacity and
capabilities with respect to qualified countermeasures
and qualified pandemic or epidemic products to prepare
for, or respond to, a public health emergency or
potential public health emergency; and
``(IV) facilitating such communication, as
appropriate and in a manner that does not compromise
national security, with respect to potential
eligibility for the material threat medical
countermeasure priority review voucher program under
section 565A of the Federal Food, Drug, and Cosmetic
Act;'';
(II) in clause (ii)(III), by striking ``and'' at
the end;
(III) by redesignating clause (iii) as clause (iv);
and
(IV) by inserting after clause (ii), the following:
``(iii) communicate regularly with entities in receipt
of an award pursuant to subparagraph (B)(v), and facilitate
communication between such entities and other entities in
receipt of an award pursuant to subparagraph (B)(iv), as
appropriate, for purposes of planning and response
regarding the availability of countermeasures and the
maintenance of domestic manufacturing surge capacity and
capabilities, including any planned uses of such capacity
and capabilities in the near- and mid-term, and
identification of any significant challenges related to the
long-term maintenance of such capacity and capabilities;
and'';
(ii) in subparagraph (B)--
(I) in clause (iii), by striking ``and'' at the
end;
(II) in clause (iv), by striking the period and
inserting ``; and''; and
(III) by adding at the end the following:
``(v) award contracts, grants, and cooperative
agreements and enter into other transactions to support,
maintain, and improve domestic manufacturing surge capacity
and capabilities, including through supporting flexible or
advanced manufacturing, to ensure that additional capacity
is available to rapidly manufacture products that are or
may become qualified countermeasures or qualified pandemic
or epidemic products in the event of a public health
emergency declaration or significant potential for a public
health emergency.'';
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(III) by adding at the end the following:
``(iii) consult with the Commissioner of Food and
Drugs, pursuant to section 565(b)(2) of the Federal Food,
Drug, and Cosmetic Act, to ensure that facilities
performing manufacturing, pursuant to an award under
subparagraph (B)(v), are in compliance with applicable
requirements under such Act and this Act, as appropriate,
including current good manufacturing practice pursuant to
section 501(a)(2)(B) of the Food, Drug, and Cosmetic Act;
and'';
(iv) in subparagraph (D)(i), by inserting ``, including
to improve manufacturing capacities and capabilities for
medical countermeasures'' before the semicolon;
(v) in subparagraph (E)(ix), by striking ``2023'' and
inserting ``2028''; and
(vi) by adding at the end the following:
``(G) Annual reports by award recipients.--As a condition
of receiving an award under subparagraph (B)(v), a recipient
shall develop and submit to the Secretary annual reports
related to the maintenance of such capacity and capabilities,
including ensuring that such capacity and capabilities are able
to support the rapid manufacture of countermeasures as required
by the Secretary.''; and
(C) in paragraph (5), by adding at the end the following:
``(H) Supporting warm-base and surge capacity and
capabilities.--Pursuant to an award under subparagraph (B)(v),
the Secretary may make payments for activities necessary to
maintain domestic manufacturing surge capacity and capabilities
supported under such award to ensure that such capacity and
capabilities are able to support the rapid manufacture of
countermeasures as required by the Secretary to prepare for, or
respond to, an existing or potential public health emergency or
otherwise address threats that pose a significant level of risk
to national security. The Secretary may support the utilization
of such capacity and capabilities under awards for
countermeasure and product advanced research and development,
as appropriate, to provide for the maintenance of such capacity
and capabilities.''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than 180 days
after the date of enactment of this subsection'' and inserting
``Not later than 180 days after the date of enactment of the
PREVENT Pandemics Act'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``this subsection'' and inserting ``the PREVENT
Pandemics Act'';
(ii) in subparagraph (B), by striking ``and'' at the
end; and
(iii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) plans for the near-, mid-, and long-term sustainment
of manufacturing activities carried out under this section,
including such activities pursuant to subsection (c)(5)(H),
specific actions to regularly assess the ability of recipients
of an award under subsection (c)(4)(B)(v) to rapidly
manufacture countermeasures as required by the Secretary, and
recommendations to address challenges, if any, related to such
activities.''.
SEC. 2402. SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC NATIONAL
STOCKPILE.
Subclause (II) of section 319F-2(a)(2)(B)(i) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(2)(B)(i)) is amended to read as
follows:
``(II) planning considerations for appropriate
manufacturing capacity and capability to meet the goals
of such additions or modifications (without disclosing
proprietary information), including--
``(aa) consideration of the effect such
additions or modifications may have on the
availability of such products and ancillary medical
supplies on the health care system; and
``(bb) an assessment of the current supply
chain for such products, including information on
supply chain redundancies, any known domestic
manufacturing capacity for such products, and any
related vulnerabilities;''.
SEC. 2403. STRATEGIC NATIONAL STOCKPILE EQUIPMENT MAINTENANCE.
Section 319F-2(a)(3) of the Public Health Service Act (42 U.S.C.
247d-6b(a)(3)) is amended--
(1) in subparagraph (B), by inserting ``, regularly reviewed,
and updated'' after ``followed''; and
(2) by amending subparagraph (D) to read as follows:
``(D) review and revise, as appropriate, the contents of
the stockpile on a regular basis to ensure that--
``(i) emerging threats, advanced technologies, and new
countermeasures are adequately considered;
``(ii) the potential depletion of countermeasures
currently in the stockpile is identified and appropriately
addressed, including through necessary replenishment; and
``(iii) such contents are in working condition or
usable, as applicable, and are ready for deployment, which
may include conducting maintenance services on such
contents of the stockpile and disposing of such contents
that are no longer in working condition, or usable, as
applicable;''.
SEC. 2404. IMPROVING TRANSPARENCY AND PREDICTABILITY OF PROCESSES OF
THE STRATEGIC NATIONAL STOCKPILE.
(a) Guidance.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue guidance describing the
processes by which the Secretary deploys the contents of the Strategic
National Stockpile under section 319F-2(a) of the Public Health Service
Act (42 U.S.C. 247d-6b(a)), or otherwise distributes medical
countermeasures, as applicable, to States, territories, Indian Tribes
and Tribal organizations (as such terms are defined under section 4 of
the Indian Self-Determination and Education Assistance Act), and other
applicable entities. Such guidance shall include information related to
processes by which to request access to the contents of the Strategic
National Stockpile, factors considered by the Secretary when making
deployment or distribution decisions, and processes and points of
contact through which entities may contact the Secretary to address any
issues related to products requested or received by such entity from
the stockpile, and on other relevant topics.
(b) Annual Meetings.--Section 319F-2(a)(3) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) convene meetings, not less than once per year, with
representatives from State, local, and Tribal health
departments or officials, relevant industries, other Federal
agencies, and other appropriate stakeholders, in a manner that
does not compromise national security, to coordinate and share
information related to maintenance and use of the stockpile,
including a description of future countermeasure needs and
additions, modifications, and replenishments of the contents of
the stockpile, and considerations related to the manufacturing
and procurement of products consistent with the requirements of
the with the requirements of chapter 83 of title 41, United
States Code (commonly referred to as the `Buy American Act'),
as appropriate.''.
SEC. 2405. IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE STRATEGIC
NATIONAL STOCKPILE.
(a) In General.--Section 319F-2 of the Public Health Service Act
(42 U.S.C. 247d-6b) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(F), by striking ``as required by the
Secretary of Homeland Security'' and inserting ``at the
discretion of the Secretary, in consultation with, or at the
request of, the Secretary of Homeland Security,'';
(B) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (4) the following:
``(5) Vendor-managed inventory and warm-base surge capacity.--
``(A) In general.--For the purposes of maintaining the
stockpile under paragraph (1) and carrying out procedures under
paragraph (3), the Secretary may enter into contracts or
cooperative agreements with vendors, which may include
manufacturers or distributors of medical products, with respect
to medical products intended to be delivered to the ownership
of the Federal Government. Each such contract or cooperative
agreement shall be subject to such terms and conditions as the
Secretary may specify, including terms and conditions with
respect to--
``(i) procurement, maintenance, storage, and delivery
of products, in alignment with inventory management and
other applicable best practices, under such contract or
cooperative agreement, which may consider, as appropriate,
costs of transporting and handling such products; or
``(ii) maintenance of domestic manufacturing capacity
and capabilities of such products to ensure additional
reserved production capacity and capabilities are
available, and that such capacity and capabilities are able
to support the rapid manufacture, purchase, storage, and
delivery of such products, as required by the Secretary to
prepare for, or respond to, an existing or potential public
health emergency.
``(B) Report.--Not later than 2 years after the date of
enactment of the PREVENT Pandemics Act, and annually
thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a report on any contracts or cooperative
agreements entered into under subparagraph (A) for purposes of
establishing and maintaining vendor-managed inventory or
reserve manufacturing capacity and capabilities for products
intended for the stockpile, including a description of--
``(i) the amount of each award;
``(ii) the recipient of each award;
``(iii) the product or products covered through each
award; and
``(iv) how the Secretary works with each recipient to
ensure situational awareness related to the manufacturing
capacity for, or inventory of, such products and
coordinates the distribution and deployment of such
products, as appropriate and applicable.''; and
(D) in subparagraph (A) of paragraph (6), as so
redesignated--
(i) in clause (viii), by striking ``; and'' and
inserting a semicolon;
(ii) in clause (ix), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(x) with respect to reports issued in 2027 or any
subsequent year, an assessment of selected contracts or
cooperative agreements entered into pursuant to paragraph
(5).''; and
(2) in subsection (c)(2)(C), by striking ``on an annual basis''
and inserting ``not later than March 15 of each year''.
(b) Authorization of Appropriations.--Section 319F-2(f)(1) of the
Public Health Service Act (42 U.S.C. 247d-6b(f)(1)) is amended by
striking ``$610,000,000 for each of fiscal years 2019 through 2023''
and inserting ``$610,000,000 for each of fiscal years 2019 through
2021, and $750,000,000 for each of fiscal years 2022 and 2023''.
SEC. 2406. REIMBURSEMENT FOR CERTAIN SUPPLIES.
Paragraph (7) of section 319F-2(a) of the Public Health Service Act
(42 U.S.C. 247d-6b(a)), as so redesignated by section 405(a)(1)(B), is
amended to read as follows:
``(7) Reimbursement for certain supplies.--
``(A) In general.--The Secretary may, at appropriate
intervals, make available for purchase excess contents procured
for, and maintained within, the stockpile under paragraph (1)
to any Federal agency or State, local, or Tribal government.
The Secretary shall make such contents available for purchase
only if--
``(i) such contents are in excess of what is required
for appropriate maintenance of such stockpile;
``(ii) the Secretary determines that the costs for
maintaining such excess contents are not appropriate to
expend to meet the needs of the stockpile; and
``(iii) the Secretary determines that such action does
not compromise national security and is in the national
interest.
``(B) Reimbursement and collection.--The Secretary may
require reimbursement for contents that are made available
under subparagraph (A), in an amount that reflects the cost of
acquiring and maintaining such contents and the costs incurred
to make available such contents in the time and manner
specified by the Secretary. Amounts collected under this
subsection shall be credited to the appropriations account or
fund that incurred the costs to procure such contents, and
shall remain available, without further appropriation, until
expended, for the purposes of the appropriation account or fund
so credited.
``(C) Rule of construction.--This paragraph shall not be
construed to preclude transfers of contents in the stockpile
under other authorities.
``(D) Report.--Not later than 2 years after the date of
enactment of the PREVENT Pandemics Act, and annually
thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a report on the use of the authority provided
under this paragraph, including details of each action taken
pursuant to this paragraph, the account or fund to which any
collected amounts have been credited, and how the Secretary has
used such amounts.
``(E) Sunset.--The authority under this paragraph shall
terminate on September 30, 2028.''.
SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION.
Section 319 of the Public Health Service Act (42 U.S.C. 247d), as
amended by section 2223, is further amended by adding at the end the
following:
``(h) Stockpile Depletion Reporting.--The Secretary shall, not
later than 30 days after the deployment of contents of the Strategic
National Stockpile under section 319F-2(a) to respond to a public
health emergency declared by the Secretary under this section or an
emergency or major disaster declared by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, and every 30
days thereafter until the expiration or termination of such public
health emergency, emergency, or major disaster, submit a report to the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives on--
``(1) the deployment of the contents of the stockpile in
response to State, local, and Tribal requests;
``(2) the amount of such products that remain within the
stockpile following such deployment; and
``(3) plans to replenish such products, as appropriate,
including related timeframes and any barriers or limitations to
replenishment.''.
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS AND
FACILITIES.
(a) Clarification.--Section 319F-2(a)(3) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (C), by striking ``and local'' and
inserting ``local, and Tribal''; and
(2) in subparagraph ( J), by striking ``and local'' and
inserting ``local, and Tribal''.
(b) Distribution of Medical Countermeasures to Indian Tribes.--
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is
amended by inserting after section 319F-4 the following:
``SEC. 319F-5. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN PROGRAMS
AND FACILITIES.
``In the event that the Secretary deploys the contents of the
Strategic National Stockpile under section 319F-2(a), or otherwise
distributes medical countermeasures to States to respond to a public
health emergency declared by the Secretary under section 319, the
Secretary shall, in consultation with the applicable States, make such
contents or countermeasures directly available to Indian Tribes and
Tribal organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304), which may include through health programs or facilities operated
by the Indian Health Service, that are affected by such public health
emergency.''.
SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES.
(a) Section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b) is amended by adding at the end the following:
``(i) Pilot Program to Support State Medical Stockpiles.--
``(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and the Director
of the Centers for Disease Control and Prevention, shall award
grants or cooperative agreements to not fewer than 5 States, or
consortia of States, with consideration given to distribution among
the geographical regions of the United States, to establish,
expand, or maintain a stockpile of appropriate drugs, vaccines and
other biological products, medical devices, and other medical
supplies determined by the State to be necessary to respond to a
public health emergency declared by the Governor of a State or by
the Secretary under section 319, or a major disaster or emergency
declared by the President under section 401 or 501, respectively,
of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, in order to support the preparedness goals described in
paragraphs (2) through (6) and (8) of section 2802(b). A recipient
of such an award may not use award funds to support the stockpiling
of security countermeasures (as defined in subsection (c)(1),
unless the eligible entity provides justification for maintaining
such countermeasures and the Secretary determines such
justification is appropriate and applicable.
``(2) Requirements.--
``(A) Application.--To be eligible to receive an award
under paragraph (1), an entity shall prepare, in consultation
with appropriate health care entities and health officials
within the jurisdiction of such State or States, and submit to
the Secretary an application that contains such information as
the Secretary may require, including--
``(i) a plan for such stockpile, consistent with
paragraph (4), including--
``(I) a description of the activities such entity
will carry out under the agreement;
``(II) an assurance that such entity will use funds
under such award in alignment with the requirements of
chapter 83 of title 41, United States Code (commonly
referred to as the `Buy American Act'); and
``(III) an outline of proposed expenses; and
``(ii) a description of how such entity will coordinate
with relevant entities in receipt of an award under section
319C-1 or 319C-2 pursuant to paragraph (4), including
through promoting alignment between the stockpile plan
established pursuant to clause (i) and applicable plans
that are established by such entity pursuant to section
319C-1 or 319C-2.
``(B) Matching funds.--
``(i) Subject to clause (ii), the Secretary may not
make an award under this subsection unless the applicant
agrees, with respect to the costs to be incurred by the
applicant in carrying out the purpose described in this
subsection, to make available non-Federal contributions
toward such costs in an amount equal to--
``(I) for each of fiscal years 2023 and 2024, not
less than $1 for each $20 of Federal funds provided in
the award; and
``(II) for fiscal year 2025 and each fiscal year
thereafter, not less than $1 for each $10 of Federal
funds provided in the award.
``(ii) Waiver.--The Secretary may, upon the request of
a State, waive the requirement under clause (i), in whole
or in part, if the Secretary determines that extraordinary
economic conditions in the State in the fiscal year
involved or in the previous fiscal year justify the waiver.
A waiver provided by the Secretary under this subparagraph
shall apply only to the fiscal year involved.
``(C) Administrative expenses.--Not more than 10 percent of
amounts received by an entity pursuant to an award under this
subsection may be used for administrative expenses.
``(3) Lead entity.--An entity in receipt of an award under
paragraph (1) may designate a lead entity, which may be a public or
private entity, as appropriate, to manage the stockpile at the
direction of the State or consortium of States.
``(4) Use of funds.--An entity in receipt of an award under
paragraph (1) shall use such funds to--
``(A) purchase, store, and maintain a stockpile of
appropriate drugs, vaccines and other biological products,
medical devices, and other medical supplies to be used during a
public health emergency, major disaster, or emergency described
in paragraph (1), in such numbers, types, and amounts as the
entity determines necessary, consistent with such entity's
stockpile plan established pursuant to paragraph (2)(A)(i);
``(B) deploy the stockpile as required by the entity to
respond to an actual or potential public health emergency,
major disaster, or other emergency described in paragraph (1);
``(C) replenish and make necessary additions or
modifications to the contents of such stockpile, including to
address potential depletion;
``(D) in consultation with Federal, State, and local
officials, take into consideration the availability,
deployment, dispensing, and administration requirements of
medical products within the stockpile;
``(E) ensure that procedures are followed for inventory
management and accounting, and for the physical security of the
stockpile, as appropriate;
``(F) review and revise, as appropriate, the contents of
the stockpile on a regular basis to ensure that, to the extent
practicable, new technologies and medical products are
considered;
``(G) carry out exercises, drills, and other training for
purposes of stockpile deployment, dispensing, and
administration of medical products, and for purposes of
assessing the capability of such stockpile to address the
medical supply needs of public health emergencies, major
disasters, or other emergencies described in paragraph (1) of
varying types and scales, which may be conducted in accordance
with requirements related to exercises, drills, and other
training for recipients of awards under section 319C-1 or 319C-
2, as applicable; and
``(H) carry out other activities related to the State
strategic stockpile as the entity determines appropriate, to
support State efforts to prepare for, and respond to, public
health threats.
``(5) Supplement not supplant.--Awards under paragraph (1)
shall supplement, not supplant, the maintenance and use of the
Strategic National Stockpile by the Secretary under subsection (a).
``(6) Guidance for states.--Not later than 180 days after the
date of enactment of this subsection, the Secretary, in
consultation with States, health officials, and other relevant
stakeholders, as appropriate, shall issue guidance, and update such
guidance as appropriate, for States related to maintaining and
replenishing a stockpile of medical products, which may include
strategies and best practices related to--
``(A) types of medical products and medical supplies that
are critical to respond to public health emergencies, and may
be appropriate for inclusion in a stockpile by States, with
consideration of threats that require the large-scale and
simultaneous deployment of stockpiles, including the stockpile
maintained by the Secretary pursuant to subsection (a), and
long-term public health and medical response needs;
``(B) appropriate management of the contents of a
stockpile, including management by vendors of reserve amounts
of medical products and supplies intended to be delivered to
the ownership of the State and appropriate disposition of
excess products, as applicable; and
``(C) the procurement of medical products and medical
supplies consistent with the requirements of chapter 83 of
title 41, United States Code (commonly referred to as the `Buy
American Act').
``(7) Technical assistance.--The Secretary shall provide
assistance to States, including technical assistance, as
appropriate, in establishing, maintaining, improving, and utilizing
a medical stockpile, including appropriate inventory management and
disposition of products.
``(8) Reporting.--
``(A) State reports.--Each entity receiving an award under
paragraph (1) shall update, as appropriate, the plan
established pursuant to paragraph (2)(A)(i) and submit to the
Secretary an annual report on implementation of such plan,
including any changes to the contents of the stockpile
supported under such award. The Secretary shall use information
obtained from such reports to inform the maintenance and
management of the Strategic National Stockpile pursuant to
subsection (a).
``(B) Reports to congress.--Not later than 1 year after the
initial issuance of awards pursuant to paragraph (1), and
annually thereafter for the duration of the program established
under this subsection, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee on
Energy and Commerce and the Committee on Appropriations of the
House of Representatives a report on such program, including--
``(i) Federal and State expenditures to support
stockpiles under such program;
``(ii) activities conducted pursuant to paragraph (4);
and
``(iii) any additional information from the States that
the Secretary determines relevant.
``(9) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated $3,500,000,000
for each of fiscal years 2023 and 2024, to remain available until
expended.''.
(b) GAO Report.--Not later than 3 years after the date on which
awards are first issued pursuant to subsection (i)(1) of section 319F-2
of the Public Health Service Act (42 U.S.C. 247d-6b), as added by
subsection (a), the Comptroller General of the United States shall
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the House of
Representatives a report on the State stockpiles established or
maintained pursuant to this section. Such report shall include an
assessment of--
(1) coordination and communication between the Secretary of
Health and Human Services and entities in receipt of an award under
this section, or a lead entity designated by such entity;
(2) technical assistance provided by the Secretary of Health
and Human Services to such entities; and
(3) the impact of such stockpiles on the ability of the State
to prepare for and respond to a public health emergency, major
disaster, or other emergency described in subsection (i)(1) of
section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-
6b), as added by subsection (a), including the availability and
distribution of items from such State stockpile to health care
entities and other applicable entities.
SEC. 2410. STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF GENERIC
MEDICINES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Assistant Secretary for Planning and Evaluation of the Department of
Health and Human Services shall--
(1) conduct a study on the feasibility, including related to
sustainment, and potential effectiveness, and utility of providing
incentives for increased domestic production and capacity of
specified generic medicines and their active pharmaceutical
ingredients, which may include through applicable nonprofit or for-
profit private entities; and
(2) not later than 1 year after the date of enactment of this
Act, submit a report on such study to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.
(b) Specified Generic Medicine.--In this section, the term
``specified generic medicine'' means a generic drug approved under
section 505(j) of the Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
that is --
(1) used to prevent, mitigate, or treat a serious or life-
threatening disease or condition, or used in a common procedure
that could be life-threatening without such medicine;
(2) an antibiotic or antifungal used to treat a serious or life
threatening infectious disease;
(3) critical to the public health during a public health
emergency; or
(4) life-supporting, life-sustaining, or intended for use in
the prevention or treatment of a debilitating disease or condition.
SEC. 2411. INCREASED MANUFACTURING CAPACITY FOR CERTAIN CRITICAL
ANTIBIOTIC DRUGS.
(a) Program.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and Commissioner
of Food and Drugs, may award contracts to increase the domestic
manufacturing capacity of certain antibiotic drugs with identified
supply chain vulnerabilities, or the active pharmaceutical
ingredient or key starting material of such antibiotic drugs.
(2) Eligible entities.--To be eligible to receive an award
under this subsection, an entity shall--
(A) be a manufacturer that is in compliance with, or
demonstrates capability to comply with, the relevant
requirements of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); and
(B) prepare and submit to the Secretary an application at
such time, and in such manner, and containing such information
as the Secretary may require, including--
(i) a description of proposed activities to be
supported by an award under this subsection to increase
manufacturing capacity for such antibiotic drug or drugs;
(ii) the antibiotic drug or drugs, or related active
pharmaceutical ingredients or key starting materials for
such drug or drugs, that such entity intends to manufacture
with any increased manufacturing capacity supported by an
award under this subsection;
(iii) any additional products such increased
manufacturing capacity could be used to manufacture;
(iv) a description of the current supply chain for such
antibiotic drugs, including any existing and applicable
manufacturing facilities, known vulnerabilities in the
supply chain, known or potential supply limitations, such
as foreign export restrictions, or subsidies from foreign
governments, as applicable;
(v) a description of how such entity may use advanced
or flexible manufacturing in carrying out the terms of an
award under this subsection; and
(vi) a strategic plan regarding the maintenance,
operation, and sustainment of such increased manufacturing
capacity following the expiration of a contract under this
subsection.
(3) Use of funds.--A recipient of an award under this
subsection shall use such funds to build, expand, upgrade, modify,
or recommission a facility located in the United States, which may
include the purchase or upgrade of equipment, as applicable, to
support increased manufacturing capacity of certain antibiotic
drugs for which supply chain vulnerabilities exist, or the active
pharmaceutical ingredient or key starting material of such
antibiotic drugs.
(4) Reports.--An entity in receipt of an award under this
subsection shall submit to the Secretary such reports as the
Secretary may require related to increasing domestic manufacturing
capacity of antibiotic drugs pursuant to a contract under this
subsection, including actions taken to implement the strategic plan
required under paragraph (2)(B)(vi).
(5) Contract terms.--The following shall apply to a contract to
support increased domestic manufacturing capacity under this
subsection:
(A) Milestone-based payments.--The Secretary may provide
payment, including advance payment or partial payment for
significant milestones, if the Secretary makes a determination
that such payment is necessary and appropriate.
(B) Repayment.--The contract shall provide that such
payment is required to be repaid if there is a failure to
perform by the manufacturer under the contract; if the
specified milestones are reached, an advance or partial payment
shall not be required to be repaid.
(C) Contract duration.--
(i) In general.--Each contract shall be for a period
not to exceed 5 years.
(ii) Non-renewability.--A contract shall not be
renewable.
(iii) Notifications of extensions and terminations.--If
the Secretary decides to terminate a contract prior to its
expiration, the Secretary shall notify the manufacturer
within 90 days of such determination.
(D) Additional terms.--The Secretary, in any contract under
this subsection--
(i) may specify--
(I) the amount of funding that will be dedicated by
the Secretary for supporting increased manufacturing
capacity under such contract; and
(II) the amount of manufacturing capacity that such
eligible entity must meet; and
(ii) shall provide a clear statement of defined Federal
Government purpose limited to uses related to increasing
domestic manufacturing capacity for antibiotic drugs to
address identified supply chain vulnerabilities and
challenges to establishing and maintaining domestic
manufacturing capacity.
(E) Sustainment.--Each contract shall provide for the
eligible entity to update the strategic plan required under
paragraph (2)(B)(vi) throughout the duration of such contract,
as required by the Secretary.
(b) Report.--Not later than 2 years after the date of enactment of
this Act and every year thereafter until the termination or expiration
of all such contracts, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on any
activities supported under subsection (a), including--
(1) the antibiotic drugs for which the Secretary prioritized
awards under subsection (a), including a description of how the
Secretary consulted with stakeholders to inform such
prioritization;
(2) information regarding each contract awarded pursuant to
subsection (a), including--
(A) the recipient of each such contract, including any
recipients of a subaward;
(B) the milestone and performance requirements pursuant to
each such contract;
(C) the duration of each such contract;
(D) the amount of funding provided by the Secretary
pursuant to each such contract, including any advanced or
partial payments;
(E) the antibiotic drugs supported through each such
contract, including a description of the medical necessity of
each such antibiotic drug and any supply chain vulnerabilities,
limitations, and related characteristics identified pursuant to
subsection (a)(2)(B)(iv) for each such antibiotic drug; and
(F) the amount of increased manufacturing capacity for such
antibiotic drug that each such contract supports; and
(3) a description of how such contracts address supply chain
vulnerabilities, including increasing manufacturing capacity of
antibiotic drugs in the United States; and
(4) a description of the strategic plan submitted pursuant to
subsection (a)(2)(B)(vi) by each recipient of an award under
subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit, directly or indirectly, or otherwise impact the
private distribution, purchase, or sale of antibiotic drugs or
active pharmaceutical ingredients or key starting materials; or
(2) to authorize the Secretary to disclose any information that
is a trade secret, or other privileged or confidential information
subject to section 552(b)(4) of title 5, United States Code, or
section 1905 of title 18, United States Code.
(d) Definitions.--For purposes of this section:
(1) Active pharmaceutical ingredient.--The term ``active
pharmaceutical ingredient'' has the meaning given such term in
section 744A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379j-41).
(2) Antibiotic drug.--The term ``antibiotic drug'' means an
antibacterial or antifungal drug approved by the Food and Drug
Administration under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) that is of significant priority to
providing health care and is medically necessary to have available
at all times in an amount adequate to serve patient needs.
(3) Key starting material.--The term ``key starting material''
means any component of a drug that the Secretary determines to be
necessary to the safety and effectiveness of the drug.
(4) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(e) Sunset.--The authority to enter into new contracts under this
section shall cease to be effective 3 years after the date of enactment
of this Act, and, beginning on the date that is 8 years after the date
of enactment of this Act, this section shall have no force or effect.
Subtitle E--Enhancing Development and Combating Shortages of Medical
Products
CHAPTER 1--DEVELOPMENT AND REVIEW
SEC. 2501. ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.
Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-4) is amended by adding at the end the following:
``(h) Accelerating Countermeasure Development and Review During an
Emergency.--
``(1) Acceleration of countermeasure development and review.--
The Secretary may, at the request of the sponsor of a
countermeasure, during a domestic, military, or public health
emergency or material threat described in section 564A(a)(1)(C),
expedite the development and review of countermeasures that are
intended to address such domestic, military, or public health
emergency or material threat for approval, licensure, clearance, or
authorization under this title or section 351 of the Public Health
Service Act.
``(2) Actions.--The actions to expedite the development and
review of a countermeasure under paragraph (1) may include the
following:
``(A) Expedited review of submissions made by sponsors of
countermeasures to the Food and Drug Administration, including
rolling submissions of countermeasure applications and other
submissions.
``(B) Expedited and increased engagement with sponsors
regarding countermeasure development and manufacturing,
including--
``(i) holding meetings with the sponsor and the review
team and providing timely advice to, and interactive
communication with, the sponsor regarding the development
of the countermeasure to ensure that the development
program to gather the nonclinical and clinical data
necessary for approval, licensure, clearance, or
authorization is as efficient as practicable;
``(ii) involving senior managers and experienced review
staff, as appropriate, in a collaborative, cross-
disciplinary review;
``(iii) assigning a cross-disciplinary project lead for
the review team to facilitate;
``(iv) taking steps to ensure that the design of the
clinical trials is as efficient as practicable, when
scientifically appropriate, such as by minimizing the
number of patients exposed to a potentially less
efficacious treatment; and
``(v) streamlining the review of approved, licensed,
cleared, or authorized countermeasures to treat or prevent
new or emerging threats, including the review of any
changes to such countermeasures.
``(C) Expedited issuance of guidance documents and
publication of other regulatory information regarding
countermeasure development and manufacturing.
``(D) Other steps to expedite the development and review of
a countermeasure application submitted for approval, licensure,
clearance, or authorization, as the Secretary determines
appropriate.
``(3) Limitation of effect.--Nothing in this subsection shall
be construed to require the Secretary to grant, or take any other
action related to, a request of a sponsor to expedite the
development and review of a countermeasure for approval, licensure,
clearance, or authorization under paragraph (1).''.
SEC. 2502. THIRD PARTY TEST EVALUATION DURING EMERGENCIES.
(a) In General.--Section 565 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-4), as amended by section 2501, is
further amended by adding at the end the following:
``(i) Third Party Evaluation of Tests Used During an Emergency.--
``(1) In general.--For purposes of conducting evaluations
regarding whether an in vitro diagnostic product (as defined in
section 809.3 of title 21, Code of Federal Regulations (or any
successor regulations)) for which a request for emergency use
authorization is submitted under section 564 meets the criteria for
issuance of such authorization, the Secretary may, as appropriate,
consult with persons with appropriate expertise with respect to
such evaluations or enter into cooperative agreements or contracts
with such persons under which such persons conduct such evaluations
and make such recommendations, including, as appropriate,
evaluations and recommendations regarding the scope of
authorization and conditions of authorization.
``(2) Requirements regarding evaluations and recommendations.--
``(A) In general.--In evaluating and making recommendations
to the Secretary regarding the validity, accuracy, and
reliability of in vitro diagnostic products, as described in
paragraph (1), a person shall consider and document whether the
relevant criteria under subsection (c)(2) of section 564 for
issuance of authorization under such section are met with
respect to the in vitro diagnostic product.
``(B) Written recommendations.--Recommendations made by a
person under this subsection shall be submitted to the
Secretary in writing, and shall include the reasons for such
recommendation and other information that may be requested by
the Secretary.
``(3) Rule of construction.-- Nothing in this subsection shall
be construed to require the Secretary to consult with, or enter
into cooperative agreements or contracts with, persons as described
in paragraph (1) for purposes of authorizing an in vitro diagnostic
product or otherwise affecting the emergency use authorization
authorities under this section or section 564.''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services (referred to in
this subsection as the ``Secretary'') shall issue draft guidance on
consultations with persons under subsection (i) of section 565 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4), as added by
subsection (a), including considerations concerning conflicts of
interest, compensation arrangements, and information sharing. Not later
than 1 year after the public comment period on such draft guidance
ends, the Secretary shall issue a revised draft guidance or final
guidance.
SEC. 2503. PLATFORM TECHNOLOGIES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 506J of such Act (21 U.S.C.
356j) the following:
``SEC. 506K. PLATFORM TECHNOLOGIES.
``(a) In General.--The Secretary shall establish a program for the
designation of platform technologies that meet the criteria described
in subsection (b).
``(b) Criteria.--A platform technology incorporated within or
utilized by a drug or biological product is eligible for designation as
a designated platform technology under this section if--
``(1) the platform technology is incorporated in, or utilized
by, a drug approved under section 505 of this Act or a biological
product licensed under section 351 of the Public Health Service
Act;
``(2) preliminary evidence submitted by the sponsor of the
approved or licensed drug described in paragraph (1), or a sponsor
that has been granted a right of reference to data submitted in the
application for such drug, demonstrates that the platform
technology has the potential to be incorporated in, or utilized by,
more than one drug without an adverse effect on quality,
manufacturing, or safety; and
``(3) data or information submitted by the applicable person
under paragraph (2) indicates that incorporation or utilization of
the platform technology has a reasonable likelihood to bring
significant efficiencies to the drug development or manufacturing
process and to the review process.
``(c) Request for Designation.--A person may request the Secretary
designate a platform technology as a designated platform technology
concurrently with, or at any time after, submission under section
505(i) of this Act or section 351(a)(3) of the Public Health Service
Act for the investigation of a drug that incorporates or utilizes the
platform technology that is the subject of the request.
``(d) Designation.--
``(1) In general.--Not later than 90 calendar days after the
receipt of a request under subsection (c), the Secretary shall
determine whether the platform technology that is the subject of
the request meets the criteria described in subsection (b).
``(2) Designation.--If the Secretary determines that the
platform technology meets the criteria described in subsection (b),
the Secretary shall designate the platform technology as a
designated platform technology and may expedite the development and
review of any subsequent application submitted under section 505(b)
of this Act or section 351(a) of the Public Health Service Act for
a drug that uses or incorporates the platform technology pursuant
to subsection (e), as appropriate.
``(3) Determination not to designate.--If the Secretary
determines that the platform technology does not meet the criteria
under subsection (b), the Secretary shall include with the
determination not to designate the technology a written description
of the rationale for such determination.
``(4) Revocation of designation.--The Secretary may revoke a
designation made under paragraph (2), if the Secretary determines
that the designated platform technology no longer meets the
criteria described in subsection (b). The Secretary shall
communicate the determination to revoke a designation to the
requesting sponsor in writing, including a description of the
rationale for such determination.
``(5) Applicability.--Nothing in this section shall prevent a
product that uses or incorporates a designated platform technology
from being eligible for expedited approval pathways if it is
otherwise eligible under this Act or the Public Health Service Act.
``(e) Actions.--The Secretary may take actions to expedite the
development and review of an application for a drug that incorporates
or utilizes a designated platform technology, including--
``(1) engaging in early interactions with the sponsor to
discuss the use of the designated platform technology and what is
known about such technology, including data previously submitted
that is relevant to establishing, as applicable, safety or efficacy
under section 505(b) of this Act or safety, purity, or potency
under section 351(a) of the Public Health Service Act;
``(2) providing timely advice to, and interactive communication
with, the sponsor regarding the development of the drug that
proposes to use the designated platform technology to ensure that
the development program designed to gather data necessary for
approval or licensure is as efficient as practicable, which may
include holding meetings with the sponsor and the review team
throughout the development of the drug; and
``(3) considering inspectional findings, including prior
findings, related to the manufacture of a drug that incorporates or
utilizes the designated platform technology.
``(f) Leveraging Data From Designated Platform Technologies.--The
Secretary shall, consistent with applicable standards for approval,
authorization, or licensure under this Act and section 351(a) of the
Public Health Service Act, allow the sponsor of an application under
section 505(b) of this Act or section 351(a) of the Public Health
Service Act or a request for emergency use authorization under section
564, in order to support approval, licensure, or authorization, to
reference or rely upon data and information within an application or
request for a drug or biological product that incorporates or utilizes
the same platform technology designated under subsection (d), provided
that--
``(1) such data and information was submitted by the same
sponsor, pursuant to the application for the drug with respect to
which designation of the designated platform technology under
subsection (d) was granted; or
``(2) the sponsor relying on such data and information received
a right of reference to such data and information from the sponsor
described in paragraph (1).
``(g) Changes to a Designated Platform Technology.--A sponsor of
more than one application approved under section 505(b) of this Act or
section 351(a) of the Public Health Service Act for drugs that
incorporate or utilize a designated platform technology may submit a
single supplemental application for proposed changes to the designated
platform technology that may be applicable to more than one such drug
that incorporates or utilizes the same designated platform technology.
Such supplemental application may cross-reference data and information
submitted in other applications and may include one or more
comparability protocols regarding how such changes to the platform
technology would be made for each applicable drug or biological
product.
``(h) Definitions.--For purposes of this section:
``(1) The term `platform technology' means a well-understood
and reproducible technology, which may include a nucleic acid
sequence, molecular structure, mechanism of action, delivery
method, vector, or a combination of any such technologies that the
Secretary determines to be appropriate, that the sponsor
demonstrates--
``(A) is incorporated in or utilized by a drug or
biological product and is essential to the structure or
function of such drug or biological product;
``(B) can be adapted for, incorporated into, or utilized
by, more than one drug or biological product sharing common
structural elements; and
``(C) facilitates the manufacture or development of more
than one drug or biological product through a standardized
production or manufacturing process or processes.
``(2) The term `designated platform technology' means a
platform technology that is designated as a platform technology
under subsection (d).
``(i) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) alter the authority of the Secretary to approve drugs
pursuant to section 505 of this Act or license biological products
pursuant to section 351 of the Public Health Service Act, including
standards of evidence and applicable conditions for approval or
licensure under the applicable Act; or
``(2) confer any new rights with respect to the permissibility
of a sponsor of an application for a drug product or biological
product referencing information contained in another application
submitted by the holder of an approved application under section
505(c) of this Act or of a license under section 351(a) of the
Public Health Service Act.''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue draft guidance on the
implementation of this section. Such guidance shall include examples of
drugs that can be manufactured using platform technologies, including
drugs that contain or consist of vectors and nucleic acids, information
about the Secretary's review of platform technologies, information
regarding submitting for designation, considerations for persons
submitting a request for designation who have been granted a right of
reference, the implementation of the designated platform technology
designation program, efficiencies that may be achieved in the
development and review of products that incorporate or utilize
designated platform technologies, and recommendations and requirements
for making and reporting manufacturing changes to a designated platform
technology in accordance with section 506K(g) of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)) and section 506A of
such Act (21 U.S.C. 356a), as applicable.
(c) Report.--Not later than September 30, 2026, and annually
thereafter until September 30, 2029, the Secretary shall issue a report
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives that shall include--
(1) the number of requests for designation under the program
under section 506K of the Federal Food, Drug, and Cosmetic Act, as
added by subsection (a);
(2) the number of designations under such program issued,
active, and revoked;
(3) the resources required to carry out such program (including
the review time used for full-time equivalent employees);
(4) any efficiencies gained in the development, manufacturing,
and review processes associated with such designations; and
(5) recommendations, if any, to strengthen the program to
better leverage platform technologies that can be used in more than
one drug and meet patient needs in a manner as timely as possible,
taking into consideration the resources available to the Secretary
of Health and Human Services for carrying out such program.
SEC. 2504. INCREASING EUA DECISION TRANSPARENCY.
Section 564(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3(h)) is amended--
(1) in paragraph (1)--
(A) by inserting ``on the internet website of the Food and
Drug Administration and'' after ``promptly publish'';
(B) by striking ``application under section 505(i), 512(j),
or 520(g), even if such summary may indirectly reveal the
existence of such application'' and inserting ``application,
request, or submission under this section or section 505(b),
505(i), 505(j), 512(b), 512(j), 512(n), 515, 510(k), 513(f)(2),
520(g), 520(m), 571, or 572 of this Act, or section 351(a) or
351(k) of the Public Health Service Act, even if such summary
may reveal the existence of such an application, request, or
submission, or data contained in such application, request, or
submission''; and
(C) by inserting before the period at the end of the second
sentence the following: ``, which may include a summary of the
data and information supporting such revisions''; and
(2) in paragraph (2), by adding at the end the following:
``Information made publicly available by the Secretary in
accordance with paragraph (1) shall be considered a disclosure
authorized by law for purposes of section 1905 of title 18, United
States Code''.
SEC. 2505. IMPROVING FDA GUIDANCE AND COMMUNICATION.
(a) FDA Report and Implementation of Good Guidance Practices.--The
Secretary of Health and Human Services (referred to in this section as
the ``Secretary'') shall develop, and publish on the website of the
Food and Drug Administration--
(1) a report identifying best practices for the efficient
prioritization, development, issuance, and use of guidance
documents, within centers, across the Food and Drug Administration,
and across other applicable agencies; and
(2) a plan for implementation of such best practices, including
across other applicable agencies, which shall address--
(A) streamlining development and review of guidance
documents within centers and across the Food and Drug
Administration;
(B) streamlining processes for regulatory submissions to
the Food and Drug Administration, including through the
revision or issuance of guidance documents; and
(C) implementing innovative guidance development processes
and practices and transitioning or updating guidance issued
during the COVID-19 public health emergency, as appropriate.
(b) Report and Implementation of FDA Best Practices for
Communicating With External Stakeholders.--The Secretary, acting
through the Commissioner of Food and Drugs, shall develop and publish
on the website of the Food and Drug Administration a report on the
practices of the Food and Drug Administration to broadly communicate
with external stakeholders, other than through guidance documents,
which shall include--
(1) a review of the types and methods of public communication
that the Food and Drug Administration uses to communicate and
interact with medical product sponsors and other external
stakeholders;
(2) the identification of best practices for the efficient
development, issuance, and use of such communications; and
(3) a plan for implementation of best practices for
communication with external stakeholders, which shall address--
(A) advancing the use of innovative forms of communication,
including novel document types and formats, to provide
increased regulatory clarity to product sponsors and other
stakeholders, and advancing methods of communicating and
interacting with medical product sponsors and other external
stakeholders, including the use of tools such as product
submission templates, webinars, and frequently asked questions
communications;
(B) streamlining processes for regulatory submissions; and
(C) implementing innovative communication development
processes and transitioning or updating communication practices
used during the COVID-19 public health emergency, as
appropriate.
(c) Consultation.--In developing and publishing the report and
implementation plan under this section, the Secretary shall consult
with stakeholders, including researchers, academic organizations,
pharmaceutical, biotechnology, and medical device developers, clinical
research organizations, clinical laboratories, health care providers,
patient groups, and other appropriate stakeholders.
(d) Manner of Issuance.-- For purposes of carrying out this
section, the Secretary may update an existing report or plan, and may
combine the reports and implementation plans described in subsections
(a) and (b) into one or more documents.
(e) Timing.--The Secretary shall--
(1) not later than 1 year after the date of enactment of this
Act, publish a draft of the reports and plans required under this
section; and
(2) not later than 180 days after publication of the draft
reports and plans under paragraph (1)--
(A) publish a final report and plan; and
(B) begin implementation of the best practices pursuant to
such final plan.
CHAPTER 2--MITIGATING SHORTAGES
SEC. 2511. ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE
MANUFACTURERS.
(a) Registration of Certain Foreign Establishments.--Section 510(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is
amended by adding at the end the following:
``(5) The requirements of paragraphs (1) and (2) shall apply
regardless of whether the drug or device undergoes further manufacture,
preparation, propagation, compounding, or processing at a separate
establishment outside the United States prior to being imported or
offered for import into the United States.''.
(b) Updating Regulations.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
update regulations, as appropriate, to implement the amendment made by
subsection (a).
SEC. 2512. EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall issue draft guidance, or
revise existing guidance, to address recommendations for sponsors of
applications submitted under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health
Service Act (42 U.S.C. 262) regarding--
(1) the submission of stability testing data in such
applications, including considerations for data requirements that
could be streamlined or reduced to facilitate faster review of
longer proposed expiration dates;
(2) establishing in the labeling of drugs the longest feasible
expiration date scientifically supported by such data, taking into
consideration how extended expiration dates may--
(A) help prevent or mitigate drug shortages; and
(B) affect product quality; and
(3) the use of innovative approaches for drug and combination
product stability modeling to support initial product expiration
dates and expiration date extensions.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, and again 2 years thereafter, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that includes--
(1) the number of drugs for which the Secretary has requested
the manufacturer make a labeling change regarding the expiration
date; and
(2) for each drug for which the Secretary has requested a
labeling change with respect to the expiration date, information
regarding the circumstances of such request, including--
(A) the name and dose of such drug;
(B) the rationale for the request;
(C) whether the drug, at the time of the request, was
listed on the drug shortage list under section 506E of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), or was
at risk of shortage;
(D) whether the request was made in connection with a
public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d); and
(E) whether the manufacturer made the requested change by
the requested date, and for instances where the manufacturer
does not make the requested change, the manufacturer's
justification for not making the change, if the manufacturer
agrees to provide such justification for inclusion in the
report.
SEC. 2513. COMBATING COUNTERFEIT DEVICES.
(a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(fff)(1) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp, tag,
label, or other identification upon any device or container, packaging,
or labeling thereof so as to render such device a counterfeit device.
``(2) Making, selling, disposing of, or keeping in possession,
control, or custody, or concealing any punch, die, plate, stone, or
other thing designed to print, imprint, or reproduce the trademark,
trade name, or other identifying mark or imprint of another or any
likeness of any of the foregoing upon any device or container,
packaging, or labeling thereof so as to render such device a
counterfeit device.
``(3) The doing of any act which causes a device to be a
counterfeit device, or the sale or dispensing, or the holding for sale
or dispensing, of a counterfeit device.''.
(b) Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 333) is amended--
(1) in subsection (b)(8), by inserting ``, or who violates
section 301(fff)(3) by knowingly making, selling or dispensing, or
holding for sale or dispensing, a counterfeit device,'' after ``a
counterfeit drug''; and
(2) in subsection (c), by inserting ``; or (6) for having
violated section 301(fff)(2) if such person acted in good faith and
had no reason to believe that use of the punch, die, plate, stone,
or other thing involved would result in a device being a
counterfeit device, or for having violated section 301(fff)(3) if
the person doing the act or causing it to be done acted in good
faith and had no reason to believe that the device was a
counterfeit device'' before the period.
(c) Seizure.--Section 304(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 334(a)(2)) is amended--
(1) by striking ``, and (E)'' and inserting ``, (E)''; and
(2) by inserting ``, (F) Any device that is a counterfeit
device, (G) Any container, packaging, or labeling of a counterfeit
device, and (H) Any punch, die, plate, stone, labeling, container,
or other thing used or designed for use in making a counterfeit
device or devices'' before the period.
SEC. 2514. PREVENTING MEDICAL DEVICE SHORTAGES.
(a) Notifications.--Section 506J of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356j) is amended--
(1) in subsection (f), by inserting ``or (h)'' after
``subsection (a)'';
(2) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Additional Notifications.--The Secretary may receive
voluntary notifications from a manufacturer of a device that is life-
supporting, life-sustaining, or intended for use in emergency medical
care or during surgery, or any other device the Secretary determines to
be critical to the public health, pertaining to a permanent
discontinuance in the manufacture of the device (except for any
discontinuance as a result of an approved modification of the device)
or an interruption of the manufacture of the device that is likely to
lead to a meaningful disruption in the supply of that device in the
United States, and the reasons for such discontinuance or
interruption.''.
(b) Guidance on Voluntary Notifications of Discontinuance or
Interruption of Device Manufacture.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue draft guidance
to facilitate voluntary notifications under subsection (h) of section
506J of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356j), as
added by subsection (a). Such guidance shall include a description of
circumstances in which a voluntary notification under such subsection
(h) may be appropriate, recommended timeframes for such a notification,
the process for receiving such a notification, and actions the
Secretary may take to mitigate or prevent a shortage resulting from a
discontinuance or interruption in the manufacture of a device for which
such notification is received. The Secretary shall issue final guidance
not later than 1 year after the close of the comment period for the
draft guidance.
(c) Guidance on Device Shortage Notification Requirement.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall issue or revise draft guidance regarding requirements
under section 506J of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356j). Such guidance shall include a list of each device product
code for which a manufacturer of such device is required to notify the
Secretary in accordance with section 506J.
SEC. 2515. TECHNICAL CORRECTIONS.
(a) Technical Corrections to the CARES Act.--Division A of the
CARES Act (Public Law 116-136) is amended--
(1) in section 3111(1), by striking ``in paragraph (1)'' and
inserting ``in the matter preceding paragraph (1)'';
(2) in section 3112(d)(1), by striking ``and subparagraphs (A)
and (B)'' and inserting ``as subparagraphs (A) and (B)''; and
(3) in section 3112(e), by striking ``Federal Food, Drug,
Cosmetic Act'' and inserting ``Federal Food, Drug, and Cosmetic
Act''.
(b) Technical Corrections to the Federal Food, Drug, and Cosmetic
Act Related to the CARES Act.--
(1) Section 506c.--Section 506C(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c(a)) is amended, in the flush text
at the end, by striking the second comma after ``in the United
States''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect as if included in section 3112 of division A of the
CARES Act (Public Law 116-136).
(c) Other Technical Correction to the Federal Food, Drug, and
Cosmetic Act.--Section 505B(f)(6)(I) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(f)(6)(I)) is amended by striking
``subsection (a)(3)(B)'' and inserting ``subsection (a)(4)(C)''.
TITLE III--FOOD AND DRUG ADMINISTRATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Food and Drug Omnibus Reform Act
of 2022''.
SEC. 3002. DEFINITION.
In this title, except as otherwise specified, the term
``Secretary'' means the Secretary of Health and Human Services.
Subtitle A--Reauthorizations
SEC. 3101. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE
PARTNERSHIP.
Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753 for the period
beginning on October 1, 2022 and ending on December 23, 2022'' and
inserting ``$6,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3102. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR CHILDREN
PROGRAM.
Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ``$5,273,973 for the period
beginning on October 1, 2022 and ending on December 23, 2022'' and
inserting ``$25,000,000 for each of fiscal years 2023 through 2027''.
SEC. 3103. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION
INCENTIVE.
Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``December 24,
2022'' and inserting ``October 1, 2027''.
SEC. 3104. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM.
Section 305(e) of the Food and Drug Administration Amendments Act
of 2007 (Public Law 110-85; 42 U.S.C. 282 note) is amended by striking
``$1,107,534 for the period beginning on October 1, 2022, and ending on
December 23, 2022'' and inserting ``$7,000,000 for each of fiscal years
2023 through 2027''.
SEC. 3105. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING
SINGLE ENANTIOMERS.
Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(u)) is amended--
(1) in paragraph (1)(A)(ii)(II), by adding ``(other than
bioavailability studies)'' after ``any clinical investigations'';
and
(2) in paragraph (4), by striking ``December 24, 2022'' and
inserting ``October 1, 2027''.
SEC. 3106. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.
Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(g)(11)) is amended by striking ``December 24, 2022'' and
inserting ``October 1, 2027''.
SEC. 3107. REAUTHORIZATION OF ORPHAN DRUG GRANTS.
Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is amended--
(1) in subsection (a)--
(A) by striking ``and (3)'' and inserting ``(3)''; and
(B) by inserting before the period at the end the
following: ``, and (4) developing regulatory science pertaining
to the chemistry, manufacturing, and controls of individualized
medical products to treat individuals with rare diseases or
conditions''; and
(2) in subsection (c), by striking ``$6,328,767 for the period
beginning on October 1, 2022, and ending on December 23, 2022'' and
inserting ``$30,000,000 for each of fiscal years 2023 through
2027''.
SEC. 3108. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING
GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW APPLICATIONS.
Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115-
52) is amended, in the matter preceding paragraph (1), by striking
``December 23, 2022'' and inserting ``October 1, 2027''.
SEC. 3109. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.
Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360m(c)) is amended by striking ``December 24, 2022'' and
inserting ``on October 1, 2027'' .
Subtitle B--Drugs and Biologics
CHAPTER 1--RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS
SEC. 3201. PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF APPROVED
APPLICATIONS FOR BIOLOGICAL PRODUCTS.
(a) In General.--Section 506I of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356i) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``The holder of an application approved under subsection (c) or
(j) of section 505'' and inserting ``The holder of an
application approved under subsection (c) or (j) of section 505
of this Act or subsection (a) or (k) of section 351 of the
Public Health Service Act'';
(B) in paragraph (2), by striking ``established name'' and
inserting ``established name (or, in the case of a biological
product, the proper name)''; and
(C) in paragraph (3), by striking ``or abbreviated
application number'' and inserting ``, abbreviated application
number, or biologics license application number''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``The holder of an application approved under subsection (c) or
(j)'' and inserting ``The holder of an application approved
under subsection (c) or (j) of section 505 of this Act or
subsection (a) or (k) of section 351 of the Public Health
Service Act'';
(B) in paragraph (1), by striking ``established name'' and
inserting ``established name (or, in the case of a biological
product, the proper name)''; and
(C) in paragraph (2), by striking ``or abbreviated
application number'' and inserting ``, abbreviated application
number, or biologics license application number''.
(b) Additional One-Time Report.--Subsection (c) of section 506I of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356i) is amended to
read as follows:
``(c) Additional One-Time Report.--Within 180 days of the date of
enactment of the Food and Drug Omnibus Reform Act of 2022, all holders
of applications approved under subsection (a) or (k) of section 351 of
the Public Health Service Act shall review the information in the list
published under section 351(k)(9)(A) of the Public Health Service Act
and shall submit a written notice to the Secretary--
``(1) stating that all of the application holder's biological
products in the list published under such section 351(k)(9)(A) that
are not listed as discontinued are available for sale; or
``(2) including the information required pursuant to subsection
(a) or (b), as applicable, for each of the application holder's
biological products that are in the list published under such
section 351(k)(9)(A) and not listed as discontinued, but have been
discontinued from sale or never have been available for sale.''.
(c) Purple Book.--Section 506I of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356i) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Failure To Meet Requirements.--If a holder of an approved
application fails to submit the information required under subsection
(a), (b), or (c), the Secretary may--
``(1) move the application holder's drugs from the active
section of the list published under section 505(j)(7)(A) to the
discontinued section of the list, except that the Secretary shall
remove from the list in accordance with section 505(j)(7)(C) drugs
the Secretary determines have been withdrawn from sale for reasons
of safety or effectiveness; and
``(2) identify the application holder's biological products as
discontinued in the list published under section 351(k)(9)(A) of
the Public Health Service Act, except that the Secretary shall
remove from the list in accordance with section 351(k)(9)(B) of
such Act biological products for which the license has been revoked
or suspended for reasons of safety, purity, or potency.''; and
(2) in subsection (e)--
(A) by inserting after the first sentence the following:
``The Secretary shall update the list published under section
351(k)(9)(A) of the Public Health Service Act based on
information provided under subsections (a), (b), and (c) by
identifying as discontinued biological products that are not
available for sale, except that biological products for which
the license has been revoked or suspended for safety, purity,
or potency reasons shall be removed from the list in accordance
with section 351(k)(9)(B) of the Public Health Service Act.'';
(B) by striking ``monthly updates to the list'' and
inserting ``monthly updates to the lists referred to in the
preceding sentences''; and
(C) by striking ``and shall update the list based on'' and
inserting ``and shall update such lists based on''.
(d) Technical Corrections.--Section 506I(e) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356i(e)) is amended--
(1) by striking ``subsection 505(j)(7)(A)'' and inserting
``section 505(j)(7)(A)''; and
(2) by striking ``subsection 505(j)(7)(C)'' and inserting
``section 505(j)(7)(C)''.
SEC. 3202. IMPROVING THE TREATMENT OF RARE DISEASES AND CONDITIONS.
(a) Report on Orphan Drug Program.--
(1) In general.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report summarizing
the activities of the Food and Drug Administration, with respect to
the period of fiscal years 2023 through fiscal year 2025, related
to designating drugs under section 526 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bb) for a rare disease or condition
and approving such drugs under section 505 of such Act (21 U.S.C.
355) or licensing such drugs under section 351 of the Public Health
Service Act (42 U.S.C. 262), including--
(A) the number of applications for such drugs under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
or section 351 of the Public Health Service Act (42 U.S.C. 262)
received by the Food and Drug Administration, the number of
such applications accepted and rejected for filing, and the
numbers of such applications pending, approved, and for which a
complete response letter has been issued by the Food and Drug
Administration;
(B) the number of applications for which the sponsor
requested written recommendations pursuant to section 525 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa) and
the number of such applications for which the sponsor received
such written recommendations;
(C) a description of trends in drug approvals for rare
diseases and conditions across review divisions at the Food and
Drug Administration;
(D) the extent to which the Food and Drug Administration is
consulting with external experts pursuant to section 569(a)(2)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
8(a)(2)) on topics pertaining to drugs for a rare disease or
condition, including how and when any such consultation is
occurring;
(E) the number of applications for which the Secretary
allowed the sponsor to rely upon data and information pursuant
to section 529A of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff-1); and
(F) a description of the Food and Drug Administration's
efforts to promote best practices in the development of novel
treatments for rare diseases or conditions, including--
(i) reviewer training on policies, methods, and tools
related to rare diseases and conditions; and
(ii) new regulatory science and coordinated support for
patient and stakeholder engagement.
(2) Public availability.--The Secretary shall make the report
under paragraph (1) available to the public, including by posting
the report on the website of the Food and Drug Administration.
(3) Information disclosure.--Nothing in this subsection shall
be construed to authorize the disclosure of information that is
prohibited from disclosure under section 301(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of
title 18, United States Code, or subject to withholding under
paragraph (4) of section 552(b) of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(b) Guidance.--Not later than 9 months after the date of enactment
of this Act, the Secretary shall publish final guidance related to the
draft guidance titled, ``Rare Diseases: Common Issues in Drug
Development'', issued on February 1, 2019.
(c) Study on European Union Safety and Efficacy Reviews of Drugs
for Rare Diseases and Conditions.--
(1) In general.--The Secretary shall enter into a contract with
the National Academies of Sciences, Engineering, and Medicine
(referred to in this section as the ``National Academies'') to
conduct a study on processes for evaluating the safety and efficacy
of drugs for rare diseases or conditions in the United States and
the European Union, including--
(A) flexibilities, authorities, or mechanisms available to
regulators in the United States and the European Union specific
to rare diseases or conditions;
(B) the consideration and use of supplemental data
submitted during review processes in the United States and the
European Union, including data associated with open label
extension studies and expanded access programs specific to rare
diseases or conditions;
(C) an assessment of collaborative efforts between United
States and European Union regulators related to--
(i) product development programs under review;
(ii) policies under development and those recently
issued; and
(iii) scientific information related to product
development or regulation; and
(D) recommendations for how Congress can support
collaborative efforts described in subparagraph (C).
(2) Consultation.--The contract under paragraph (1) shall
provide for consultation with relevant stakeholders, including--
(A) representatives from the Food and Drug Administration
and the European Medicines Agency;
(B) patients with rare diseases or conditions; and
(C) patient groups that--
(i) represent patients with rare diseases or
conditions; and
(ii) have international patient outreach.
(3) Report.--The contract under paragraph (1) shall provide
for, not later than 2 years after the date of entering into such
contract--
(A) the completion of the study under paragraph (1); and
(B) the submission of a report on the results of such study
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(4) Public availability.--The contract under paragraph (1)
shall provide for the National Academies to make the report under
paragraph (3) available to the public, including by posting the
report on the website of the National Academies.
(d) Public Meeting.--
(1) In general.--Not later than December 31, 2023, the
Secretary, acting through the Commissioner of Food and Drugs, shall
convene one or more public meetings to solicit input from
stakeholders regarding the approaches described in paragraph (2).
(2) Approaches.--The public meeting or meetings under paragraph
(1) shall address approaches to increasing and improving engagement
with rare disease or condition patients, groups representing such
patients, rare disease or condition experts, and experts on small
population studies, in order to improve the understanding with
respect to rare diseases or conditions of--
(A) patient burden;
(B) treatment options; and
(C) side effects of treatments, including understanding the
risks of side effects relative to the health status of the
patient and the progression of the disease or condition.
(3) Public docket.--The Secretary shall establish a public
docket to receive written comments related to the approaches
addressed during each public meeting under paragraph (1). Such
public docket shall remain open for 60 days following the date of
each such public meeting.
(4) Reports.--Not later than 180 days after each public meeting
under paragraph (1), the Commissioner of Food and Drugs shall
develop and publish on the website of the Food and Drug
Administration a report on--
(A) the approaches discussed at the public meeting; and
(B) any related recommendations.
(e) Consultation on the Science of Small Population Studies.--
Section 569(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-8(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(8) the science of small population studies.''.
(f) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives, a report assessing the policies,
practices, and programs of the Food and Drug Administration with
respect to the review of applications for approval of drugs under
section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) and licensing of biological products under section 351 of the
Public Health Service Act (42 U.S.C. 262) intended to treat rare
diseases and conditions.
(2) Content of report.--The report under paragraph (1) shall--
(A) describe the activities of the Food and Drug
Administration dedicated to the development and review of drugs
and biological products intended to treat rare diseases and
conditions under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) and section 351 of the Public
Health Service Act (42 U.S.C. 262);
(B) describe challenges with developing and obtaining
approval or licensure of drugs and biological products intended
to treat rare diseases and conditions, such as challenges
related to designing and conducting clinical trials, clinical
trial subject recruitment and enrollment, study endpoints, and
ensuring data quality, assessing the benefit-risk profile of
drugs and biological products intended to treat rare diseases
and conditions, and meeting requirements for approval or
licensure;
(C) assess the effectiveness of policies and practices of
the Food and Drug Administration related to the review of
applications for drugs and biological products intended to
treat rare diseases and conditions, including--
(i) initiatives to support the development and review
of drugs and biological products intended to treat rare
diseases and conditions, including initiatives related to
regulatory science, clinical trial design, statistical
analysis, and other relevant topics;
(ii) consideration of relevant patient-focused drug
development data and information, including patient
experience data and the views of patients, pursuant to
section 569C of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-8c);
(iii) training and other efforts to ensure the
expertise of personnel of the Food and Drug Administration
regarding the review of applications for drugs and
biological products intended to treat rare diseases and
conditions; and
(iv) consultations and engagement with stakeholders and
external experts pursuant to section 569 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-8);
(D) assess the extent to which the Food and Drug
Administration is applying the policies and practices described
in subparagraph (C) consistently across review divisions, and
the factors that influence the extent to which such application
is consistent; and
(E) include recommendations to address challenges and
deficiencies identified, including recommendations to improve
the effectiveness, consistency, and coordination of policies,
practices, and programs of the Food and Drug Administration
related to the review of applications for drugs and biological
products intended to treat rare diseases and conditions.
(g) Definition.--In this section, the terms ``rare disease or
condition'', ``rare diseases or conditions'', and ``rare diseases and
conditions'' have the meaning given the term ``rare disease or
condition'' in section 526(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb(a)(2)).
SEC. 3203. EMERGING TECHNOLOGY PROGRAM.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
201 et seq.) is amended by inserting after section 566 of such Act (21
U.S.C. 360bbb-5) the following:
``SEC. 566A. EMERGING TECHNOLOGY PROGRAM.
``(a) Program Establishment.--
``(1) In general.--The Secretary shall establish a program to
support the adoption of, and improve the development of, innovative
approaches to drug design and manufacturing.
``(2) Actions.--In carrying out the program under paragraph
(1), the Secretary may--
``(A) facilitate and increase communication between public
and private entities, consortia, and individuals with respect
to innovative drug product design and manufacturing;
``(B) solicit information regarding, and conduct or support
research on, innovative approaches to drug product design and
manufacturing;
``(C) convene meetings with representatives of industry,
academia, other Federal agencies, international agencies, and
other interested persons, as appropriate;
``(D) convene working groups to support drug product design
and manufacturing research and development;
``(E) support education and training for regulatory staff
and scientists related to innovative approaches to drug product
design and manufacturing;
``(F) advance regulatory science related to the development
and review of innovative approaches to drug product design and
manufacturing;
``(G) convene or participate in working groups to support
the harmonization of international regulatory requirements
related to innovative approaches to drug product design and
manufacturing; and
``(H) award grants or contracts to carry out or support the
program under paragraph (1).
``(3) Grants and contracts.--To seek a grant or contract under
this section, an entity shall submit an application--
``(A) in such form and manner as the Secretary may require;
and
``(B) containing such information as the Secretary may
require, including a description of--
``(i) how the entity will conduct the activities to be
supported through the grant or contract; and
``(ii) how such activities will further research and
development related to, or adoption of, innovative
approaches to drug product design and manufacturing.
``(b) Guidance.--The Secretary shall--
``(1) issue or update guidance to help facilitate the adoption
of, and advance the development of, innovative approaches to drug
product design and manufacturing; and
``(2) include in such guidance descriptions of--
``(A) any regulatory requirements related to the
development or review of technologies related to innovative
approaches to drug product design and manufacturing, including
updates and improvements to such technologies after product
approval; and
``(B) data that can be used to demonstrate the identity,
safety, purity, and potency of drugs manufactured using such
technologies.
``(c) Report to Congress.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a
report containing--
``(1) an annual accounting of the allocation of funds made
available to carry out this section;
``(2) a description of how Food and Drug Administration staff
were utilized to carry out this section and, as applicable, any
challenges or limitations related to staffing;
``(3) the number of public meetings held or participated in by
the Food and Drug Administration pursuant to this section,
including meetings convened as part of a working group described in
subparagraph (D) or (G) of subsection (a)(2), and the topics of
each such meeting; and
``(4) the number of drug products approved or licensed, after
the date of enactment of this section, using an innovative approach
to drug product design and manufacturing.''.
SEC. 3204. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
(a) In General.--Section 3016 of the 21st Century Cures Act (21
U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND CONTINUOUS
PHARMACEUTICAL MANUFACTURING.
``(a) In General.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs--
``(1) may, to support the advancement, development, and
implementation of advanced and continuous pharmaceutical
manufacturing--
``(A) solicit requests for designation as National Centers
of Excellence in Advanced and Continuous Pharmaceutical
Manufacturing (in this section referred to as a `National
Center of Excellence');
``(B) beginning not later than one year after the date of
enactment of the Food and Drug Omnibus Reform Act of 2022,
designate as National Centers of Excellence institutions of
higher education or consortia of institutions of higher
education that--
``(i) request such designation; and
``(ii) meet the eligibility criteria specified in
subsection (c); and
``(C) award grants to such institutions or consortia of
institutions; and
``(2) shall so designate not more than 5 institutions of higher
education or consortia of such institutions.
``(b) Request for Designation.--A request for designation under
subsection (a) shall be made to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
``(c) Eligibility Criteria for Designation.--To be eligible to
receive a designation under this section, an institution of higher
education or consortium of institutions of higher education shall
include in its request for designation a description of the
institution's or consortium's--
``(1) physical capacity and technical capabilities to conduct
advanced research on, and to develop and implement, advanced and
continuous pharmaceutical manufacturing;
``(2) collaboration or partnerships with other institutions of
higher education, nonprofit organizations, and large and small
pharmaceutical manufacturers, including generic and nonprescription
manufacturers, contract manufacturers, and other relevant entities;
``(3) proven capacity to design, develop, implement, and
demonstrate new, highly effective technologies for use in advanced
and continuous pharmaceutical manufacturing;
``(4) proven ability to facilitate training of a qualified
workforce for advanced research on, and development and
implementation of, advanced and continuous pharmaceutical
manufacturing; and
``(5)(A) experience in participating in and leading advanced
and continuous pharmaceutical manufacturing technology partnerships
with other institutions of higher education, nonprofit
organizations, and large and small pharmaceutical manufacturers,
including generic and nonprescription manufacturers, contract
manufacturers, and other relevant entities to--
``(i) support the implementation of advanced or continuous
pharmaceutical manufacturing for companies manufacturing or
seeking to manufacture in the United States;
``(ii) support Federal agencies with technical assistance
and workforce training, which may include regulatory and
quality metric guidance as applicable, and hands-on training,
for advanced and continuous pharmaceutical manufacturing;
``(iii) organize and conduct advanced research and
development activities, with respect to advanced or continuous
pharmaceutical manufacturing, needed to develop new and more
effective technology, and to develop and support technological
leadership;
``(iv) develop best practices for designing, developing,
and implementing advanced and continuous pharmaceutical
manufacturing processes; and
``(v) identify and assess workforce needs for advanced and
continuous pharmaceutical manufacturing, and address such
workforce needs, which may include the development and
implementing of training programs; or
``(B) a plan, to be implemented within 2 years, to establish
partnerships described in subparagraph (A).
``(d) Termination of Designation.--The Secretary may terminate the
designation of any National Center of Excellence designated under this
section if the Secretary determines such National Center of Excellence
no longer meets the criteria specified in subsection (c). Not later
than 90 days before the effective date of such a termination, the
Secretary shall provide written notice to the National Center of
Excellence, including the rationale for such termination.
``(e) Conditions for Designation.--As a condition of designation as
a National Center of Excellence under this section, the Secretary shall
require that an institution of higher education or consortium of
institutions of higher education enter into an agreement with the
Secretary under which the institution or consortium agrees--
``(1) to collaborate directly with the Food and Drug
Administration to publish the reports required by subsection (g);
``(2) to share data with the Food and Drug Administration
regarding best practices and research generated through the funding
under subsection (f);
``(3) to develop, along with industry partners (which may
include large and small pharmaceutical manufacturers, including
generic and nonprescription manufacturers, and contract research
organizations or contract manufacturers that carry out drug
development and manufacturing activities) and another institution
or consortium designated under this section, if any, a strategic
plan for developing an advanced and continuous pharmaceutical
manufacturing workforce;
``(4) to develop, along with industry partners and other
institutions or consortia of such institutions designated under
this section, a strategic plan for strengthening existing, and
developing new, partnerships with other institutions of higher
education or consortia thereof, or nonprofit organizations; and
``(5) to provide an annual report to the Food and Drug
Administration regarding the designee's activities under this
section, including a description of how the designee continues to
meet and make progress on the criteria specified in subsection (c).
``(f) Funding.--
``(1) In general.--The Secretary shall award funding, through
grants, contracts, or cooperative agreements, to the entities
designated as National Centers of Excellence under this section for
the purposes of supporting the advanced research on, and
development and implementation of, advanced and continuous
pharmaceutical manufacturing, and recommending improvements to
advanced and continuous pharmaceutical manufacturing, including--
``(A) expanding capacity for advanced research on, and
development of, advanced and continuous pharmaceutical
manufacturing; and
``(B) implementing advanced research capacity and
capabilities in advanced and continuous pharmaceutical
manufacturing suitable for accelerating the development of drug
products needed to respond to public health threats, mitigate
or prevent drug shortages, address drug quality issues and
supply chain disruptions, and other circumstances with respect
to which the Secretary may determine the rapid development of
new products or new manufacturing processes may be appropriate.
``(2) Consistency with fda mission.--As a condition on receipt
of funding under this subsection, a National Center of Excellence
shall consider any input from the Secretary regarding the use of
funding related to--
``(A) best practices to increase, and provide for the
advancement of, advanced and continuous pharmaceutical
manufacturing through the National Center of Excellence; and
``(B) the extent to which activities conducted by the
National Center of Excellence are consistent with the mission
of the Food and Drug Administration.
``(3) Rule of construction.--Nothing in this section shall be
construed as precluding a National Center for Excellence designated
under this section from receiving funds under any other provision
of this Act or any other Federal law.
``(g) Annual Review and Reports.--
``(1) Annual report to congress.--Beginning not later than one
year after the date on which the first designation is made under
subsection (a), and annually thereafter, the Secretary shall--
``(A) submit to Congress a report describing the
activities, partnerships and collaborations, Federal policy
recommendations, previous and continuing funding, and findings
of, and any other applicable information from, the National
Centers of Excellence designated under this section;
``(B) include in such report an accounting of the Federal
administrative expenses described in subsection (i)(2) over the
reporting period; and
``(C) make such report available to the public in an easily
accessible electronic format on the website of the Food and
Drug Administration.
``(2) Center of excellence report.--An entity receiving a grant
under this section shall, not later than 1 year after receiving
such grant, and annually thereafter for the duration of the grant
period, submit to the Secretary a summary of programs and
activities funded under the grant.
``(3) Periodic review.--The Secretary shall periodically review
the National Centers of Excellence designated under this section to
ensure that such National Centers of Excellence continue to meet
the criteria for designation under this section.
``(4) Additional report to congress.--Not later than 1 year
after the date on which the first designation is made under
subsection (a), the Secretary, in consultation with the National
Centers of Excellence designated under this section, shall submit a
report to the Congress on the role of the Food and Drug
Administration in supporting advanced and continuous pharmaceutical
manufacturing, including--
``(A) a national framework of principles related to the
implementation of advanced and continuous pharmaceutical
manufacturing;
``(B) a plan for the development of Federal regulations and
guidance to support and facilitate the incorporation of
advanced or continuous manufacturing into the development of
pharmaceuticals;
``(C) a plan for development of Federal regulations or
guidance related to the review of advanced and continuous
pharmaceutical manufacturing, including how such manufacturing
practices may be incorporated into the review of medical
product applications; and
``(D) a summary of relevant feedback related to improving
advanced and continuous pharmaceutical manufacturing solicited
from the public, which may include other institutions of higher
education, nonprofit organizations, and large and small
pharmaceutical manufacturers, including generic and
nonprescription manufacturers, and contract manufacturers, and
other relevant entities.
``(h) Definitions.--In this section:
``(1) Advanced and continuous pharmaceutical manufacturing.--
The term `advanced and continuous pharmaceutical manufacturing'
refers to a method of pharmaceutical manufacturing, or a
combination of pharmaceutical manufacturing methods--
``(A) that incorporates a novel technology, or uses an
established technique or technology in a new or innovative way,
that enhances drug quality or improves the manufacturing
process for a drug, including processes that may apply to
advanced therapies and the production of biological products,
such as cell and gene therapies; or
``(B) for which the input materials are continuously fed
into and transformed within the process, and the output
materials are continuously removed from the system, utilizing
an integrated manufacturing process that consists of a series
of 2 or more simultaneous unit operations.
``(2) Biological product.--The term `biological product' has
the meaning given such term in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
``(3) Drug.--The term `drug' has the meaning given such term in
section 201(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)).
``(4) Institution of higher education.--The term `institution
of higher education' has the meaning given such term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
``(5) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $100,000,000 for the period of fiscal years
2023 through 2027.
``(2) Federal administrative expenses.--Of the amounts made
available to carry out this section for a fiscal year, the
Secretary shall not use more than 8 percent for Federal
administrative expenses, including training, technical assistance,
reporting, and evaluation.''.
(b) Transition Rule.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h), as in effect on the day before the date of the
enactment of this section, shall apply with respect to grants awarded
under such section before such date of enactment.
(c) Clerical Amendment.--The item relating to section 3016 in the
table of contents in section 1(b) of the 21st Century Cures Act (Public
Law 114-255) is amended to read as follows:
``Sec. 3016. National Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing.''.
SEC. 3205. PUBLIC WORKSHOP ON CELL THERAPIES.
Not later than 3 years after the date of the enactment of this Act,
the Secretary, acting through the Commissioner of Food and Drugs, shall
convene a public workshop with relevant stakeholders to discuss best
practices on generating scientific data necessary to further facilitate
the development of certain human cell-, tissue-, and cellular-based
medical products (and the latest scientific information about such
products) that are regulated as drugs under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) and biological products under
section 351 of the Public Health Service Act (42 U.S.C. 262), namely,
stem cell and other cellular therapies.
SEC. 3206. CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST
INTERCHANGEABLE BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 351(k)(6) of the Public Health Service Act (42 U.S.C.
262(k)(6)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``Upon review of'' and inserting ``The
Secretary shall not make approval as an interchangeable
biological product effective with respect to'';
(B) by striking ``relying on'' and inserting ``that relies
on''; and
(C) by striking ``the Secretary shall not make a
determination under paragraph (4) that the second or subsequent
biological product is interchangeable for any condition of
use''; and
(2) in the flush text that follows subparagraph (C)(ii), by
striking ``taken.'' and inserting ``taken, and the term `first
interchangeable biosimilar biological product' means any
interchangeable biosimilar biological product that is approved on
the first day on which such a product is approved as
interchangeable with the reference product.''.
SEC. 3207. GAO REPORT ON NONPROFIT PHARMACEUTICAL ORGANIZATIONS.
(a) GAO Review.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
prepare a report on--
(1) what is known about nonprofit pharmaceutical manufacturing
organizations, including the impact of such organizations on the
development, availability, and cost of prescription drugs in the
United States, which may include information with respect to the
capacity and capability to help prevent or mitigate shortages of
such drugs, and any challenges to manufacturing or other
operations; and
(2) recommendations to address such challenges.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit the report described in
subsection (a) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives.
SEC. 3208. RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.
(a) In General.--The Secretary shall establish a pilot program
under which the Secretary establishes procedures to provide increased
interaction with sponsors of rare disease drug development programs for
purposes of advancing the development of efficacy endpoints, including
surrogate and intermediate endpoints, for drugs intended to treat rare
diseases, including through--
(1) determining eligibility of participants for such program;
and
(2) developing and implementing a process for applying to, and
participating in, such a program.
(b) Public Workshops.--The Secretary shall conduct up to 3 public
workshops, which shall be completed not later than September 30, 2026,
to discuss topics relevant to the development of endpoints for rare
diseases, which may include discussions about--
(1) novel endpoints developed through the pilot program
established under this section; and
(2) as appropriate, the use of real world evidence and real
world data to support the validation of efficacy endpoints,
including surrogate and intermediate endpoints, for rare diseases.
(c) Reports.--
(1) Interim report.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing the
completed and ongoing activities in the pilot program established
under this section and public workshops described in subsection
(b).
(2) Final report.--Not later than September 30, 2027, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing the
outcomes of the pilot program established under this section.
(d) Guidance.--Not later than September 30, 2027, the Secretary
shall issue guidance describing best practices and strategies for
development of efficacy endpoints, including surrogate and intermediate
endpoints, for rare diseases.
(e) Sunset.--The Secretary may not accept any new application or
request to participate in the program established by this section on or
after October 1, 2027.
SEC. 3209. ANIMAL TESTING ALTERNATIVES.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
(1) in subsection (i)--
(A) in paragraph (1)(A), by striking ``preclinical tests
(including tests on animals)'' and inserting ``nonclinical
tests''; and
(B) in paragraph (2)(B), by striking ``animal'' and
inserting ``nonclinical tests''; and
(2) by inserting after subsection (y) the following:
``(z) Nonclinical Test Defined.--For purposes of this section, the
term `nonclinical test' means a test conducted in vitro, in silico, or
in chemico, or a nonhuman in vivo test, that occurs before or during
the clinical trial phase of the investigation of the safety and
effectiveness of a drug. Such test may include the following:
``(1) Cell-based assays.
``(2) Organ chips and microphysiological systems.
``(3) Computer modeling.
``(4) Other nonhuman or human biology-based test methods, such
as bioprinting.
``(5) Animal tests.''.
(b) Biosimilar Biological Product Applications.--Item (bb) of
section 351(k)(2)(A)(i)(I) of the Public Health Service Act (42 U.S.C.
262(k)(2)(A)(i)(I)) is amended to read as follows:
``(bb) an assessment of toxicity (which may
rely on, or consist of, a study or studies
described in item (aa) or (cc)); and''.
SEC. 3210. MODERNIZING ACCELERATED APPROVAL.
(a) In General.--Section 506(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356(c)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(B) by striking ``Approval of a product'' and inserting the
following:
``(A) In general.--Approval of a product'';
(C) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``appropriate postapproval studies''
and inserting ``an appropriate postapproval study or studies'';
and
(D) by adding at the end the following:
``(B) Studies not required.--If the Secretary does not
require that the sponsor of a product approved under
accelerated approval conduct a postapproval study under this
paragraph, the Secretary shall publish on the website of the
Food and Drug Administration the rationale for why such study
is not appropriate or necessary.
``(C) Postapproval study conditions.--Not later than the
date of approval of a product under accelerated approval, the
Secretary shall specify the conditions for a postapproval study
or studies required to be conducted under this paragraph with
respect to such product, which may include enrollment targets,
the study protocol, and milestones, including the target date
of study completion.
``(D) Studies begun before approval.--The Secretary may
require, as appropriate, a study or studies to be underway
prior to approval, or within a specified time period after the
date of approval, of the applicable product.''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``(as prescribed by the Secretary in regulations which shall
include an opportunity for an informal hearing)'' and inserting
``described in subparagraph (B)'';
(B) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively and adjusting the
margins accordingly;
(C) by striking ``The Secretary may'' and inserting the
following:
``(A) In general.--The Secretary may'';
(D) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``drug with due diligence'' and
inserting ``product with due diligence, including with respect
to conditions specified by the Secretary under paragraph
(2)(C)'';
(E) in clause (iii) of such subparagraph (A), as so
redesignated, by inserting ``shown to be'' after ``product is
not''; and
(F) by adding at the end the following:
``(B) Expedited procedures described.--Expedited procedures
described in this subparagraph shall consist of, prior to the
withdrawal of accelerated approval--
``(i) providing the sponsor with--
``(I) due notice;
``(II) an explanation for the proposed withdrawal;
``(III) an opportunity for a meeting with the
Commissioner or the Commissioner's designee; and
``(IV) an opportunity for written appeal to--
``(aa) the Commissioner; or
``(bb) a designee of the Commissioner who has
not participated in the proposed withdrawal of
approval (other than a meeting pursuant to
subclause (III)) and is not subordinate of an
individual (other than the Commissioner) who
participated in such proposed withdrawal;
``(ii) providing an opportunity for public comment on
the proposal to withdraw approval;
``(iii) the publication of a summary of the public
comments received, and the Secretary's response to such
comments, on the website of the Food and Drug
Administration; and
``(iv) convening and consulting an advisory committee
on issues related to the proposed withdrawal, if requested
by the sponsor and if no such advisory committee has
previously advised the Secretary on such issues with
respect to the withdrawal of the product prior to the
sponsor's request.''.
(b) Reports of Postmarketing Studies.--Section 506B(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356b(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Accelerated approval.--Notwithstanding paragraph (1), a
sponsor of a drug approved pursuant to accelerated approval shall
submit to the Secretary a report of the progress of any study
required under section 506(c), including progress toward enrollment
targets, milestones, and other information as required by the
Secretary, not later than 180 days after the approval of such drug
and not less frequently than every 180 days thereafter, until the
study is completed or terminated. The Secretary shall promptly
publish on the website of the Food and Drug Administration, in an
easily searchable format, the information reported under this
paragraph.''.
(c) Enforcement.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331), as amended by title II, is further
amended by adding at the end the following:
``(ggg) The failure of a sponsor of a product approved under
accelerated approval pursuant to section 506(c)--
``(1) to conduct with due diligence any postapproval study
required under section 506(c) with respect to such product; or
``(2) to submit timely reports with respect to such product in
accordance with section 506B(a)(2).''.
(d) Guidance.--
(1) In general.--The Secretary shall issue guidance
describing--
(A) how sponsor questions related to the identification of
novel surrogate or intermediate clinical endpoints may be
addressed in early-stage development meetings with the Food and
Drug Administration;
(B) the use of novel clinical trial designs that may be
used to conduct appropriate postapproval studies as may be
required under section 506(c)(2)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356(c)(2)(A)), as amended by
subsection (a);
(C) the expedited procedures described in section
506(c)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356(c)(3)(B)); and
(D) considerations related to the use of surrogate or
intermediate clinical endpoints that may support the
accelerated approval of an application under 506(c)(1)(A) of
such Act (21 U.S.C. 356(c)(1)(A)), including considerations in
evaluating the evidence related to any such endpoints.
(2) Final guidance.--The Secretary shall issue--
(A) draft guidance under paragraph (1) not later than 18
months after the date of enactment of this Act; and
(B) final guidance not later than 1 year after the close of
the public comment period on such draft guidance.
(e) Accelerated Approval Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an intra-
agency coordinating council (referred to in this subsection as the
``Council'') within the Food and Drug Administration to ensure the
consistent and appropriate use of accelerated approval across the
Food and Drug Administration, pursuant to section 506(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)).
(2) Membership.--The members of the Council shall consist of
the following senior officials, or a designee of such official,
from the Food and Drug Administration and relevant Centers:
(A) The Director of the Center for Drug Evaluation and
Research.
(B) The Director of the Center for Biologics Evaluation and
Research.
(C) The Director of the Oncology Center of Excellence.
(D) The Director of the Office of New Drugs.
(E) The Director of the Office of Orphan Products
Development.
(F) The Director of the Office of Tissues and Advanced
Therapies.
(G) The Director of the Office of Medical Policy.
(H) At least 3 directors of review divisions or offices
overseeing products approved under accelerated approval,
including at least one director within the Office of
Neuroscience.
(3) Duties of the council.--
(A) Meetings.--The Council shall convene not fewer than 3
times per calendar year to discuss issues related to
accelerated approval, including any relevant cross-disciplinary
approaches related to product review with respect to
accelerated approval.
(B) Policy development.--The Council shall directly engage
with product review teams to support the consistent and
appropriate use of accelerated approval across the Food and
Drug Administration. Such engagement may include--
(i) developing guidance for Food and Drug
Administration staff and best practices for, and across,
product review teams, including with respect to
communication between sponsors and the Food and Drug
Administration and the review of products under accelerated
approval;
(ii) providing training for product review teams; and
(iii) advising review divisions on best practices with
respect to product-specific development, review, and
withdrawal of products under accelerated approval.
(4) Publication of a report.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the Council
shall publish on the public website of the Food and Drug
Administration a report on the activities of the Council.
(f) Rule of Construction.--Nothing in this section (including the
amendments made by this section) shall be construed to affect ongoing
withdrawal proceedings for products approved pursuant to section 506(c)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)) for
which a notice of proposed withdrawal has been published in the Federal
Register prior to the date of enactment of this Act. Such proceedings
may continue under procedures in effect prior to the date of enactment
of this Act.
SEC. 3211. ANTIFUNGAL RESEARCH AND DEVELOPMENT.
(a) Draft Guidance.--Not later than 3 years after the date of
enactment of this Act, the Secretary, acting through the Commissioner
of Food and Drugs, shall issue draft guidance for industry for the
purposes of assisting entities seeking approval under section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or licensure
under section 351 of the Public Health Service Act (42 U.S.C. 262) of
antifungal therapies designed to treat coccidioidomycosis (commonly
known as Valley Fever).
(b) Final Guidance.--Not later than 18 months after the close of
the public comment period on the draft guidance issued pursuant to
subsection (a), the Secretary, acting through the Commissioner of Food
and Drugs, shall finalize the draft guidance.
(c) Workshop.--To assist entities developing preventive vaccines
for fungal infections and coccidioidomycosis, the Secretary shall hold
a public workshop.
SEC. 3212. ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT INNOVATION.
(a) In General.--Section 505E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355f) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``; or'' and inserting
``;'';
(B) in paragraph (3), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(4) an application pursuant to section 351(a) of the Public
Health Service Act.'';
(2) in subsection (d)(1), by inserting ``of this Act or section
351(a) of the Public Health Service Act'' after ``section 505(b)'';
and
(3) by amending subsection (g) to read as follows:
``(g) Qualified Infectious Disease Product.--The term `qualified
infectious disease product' means a drug (including a biological
product), including an antibacterial or antifungal drug, for human use
that--
``(1) acts on bacteria or fungi or on substances produced by
such bacteria or fungi; and
``(2) is intended to treat a serious or life-threatening
infection, including such an infection caused by--
``(A) an antibacterial or antifungal resistant pathogen,
including novel or emerging infectious pathogens; or
``(B) qualifying pathogens listed by the Secretary under
subsection (f).''.
(b) Priority Review.--Section 524A(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by inserting ``of
this Act, or section 351(a) of the Public Health Service Act, that
requires clinical data (other than bioavailability studies) to
demonstrate safety or effectiveness'' before the period.
SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.), as amended by title II, is further amended
by inserting after section 506K the following:
``SEC. 506L. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall initiate a program under
which persons may request designation of an advanced manufacturing
technology as described in subsection (b).
``(b) Designation Process.--The Secretary shall establish a process
for the designation under this section of methods of manufacturing
drugs, including biological products, and active pharmaceutical
ingredients of such drugs, as advanced manufacturing technologies. A
method of manufacturing, or a combination of manufacturing methods, is
eligible for designation as an advanced manufacturing technology if
such method or combination of methods incorporates a novel technology,
or uses an established technique or technology in a novel way, that
will substantially improve the manufacturing process for a drug while
maintaining equivalent, or providing superior, drug quality, including
by--
``(1) reducing development time for a drug using the designated
manufacturing method; or
``(2) increasing or maintaining the supply of--
``(A) a drug that is life-supporting, life-sustaining, or
of critical importance to providing health care; or
``(B) a drug that is on the drug shortage list under
section 506E.
``(c) Evaluation and Designation of an Advanced Manufacturing
Technology.--
``(1) Submission.--A person who requests designation of a
method of manufacturing as an advanced manufacturing technology
under this section shall submit to the Secretary data or
information demonstrating that the method of manufacturing meets
the criteria described in subsection (b) in a particular context of
use. The Secretary may facilitate the development and review of
such data or information by--
``(A) providing timely advice to, and interactive
communication with, such person regarding the development of
the method of manufacturing; and
``(B) involving senior managers and experienced staff of
the Food and Drug Administration, as appropriate, in a
collaborative, cross-disciplinary review of the method of
manufacturing, as applicable.
``(2) Evaluation and designation.--Not later than 180 calendar
days after the receipt of a request under paragraph (1), the
Secretary shall determine whether to designate such method of
manufacturing as an advanced manufacturing technology, in a
particular context of use, based on the data and information
submitted under paragraph (1) and the criteria described in
subsection (b).
``(d) Review of Advanced Manufacturing Technologies.--If the
Secretary designates a method of manufacturing as an advanced
manufacturing technology, the Secretary shall--
``(1) expedite the development and review of an application
submitted under section 505 of this Act or section 351 of the
Public Health Service Act, including supplemental applications, for
drugs that are manufactured using a designated advanced
manufacturing technology; and
``(2) allow the holder of an advanced technology designation,
or a person authorized by the advanced manufacturing technology
designation holder, to reference or rely upon, in an application
submitted under section 505 of this Act or section 351 of the
Public Health Service Act, including a supplemental application,
data and information about the designated advanced manufacturing
technology for use in manufacturing drugs in the same context of
use for which the designation was granted.
``(e) Implementation and Evaluation of Advanced Manufacturing
Technologies Program.--
``(1) Public meeting.--The Secretary shall publish in the
Federal Register a notice of a public meeting, to be held not later
than 180 days after the date of enactment of this section, to
discuss, and obtain input and recommendations from relevant
stakeholders regarding--
``(A) the goals and scope of the program under this
section, and the framework, procedures, and requirements
suitable for such program; and
``(B) ways in which the Food and Drug Administration will
support the use of advanced manufacturing technologies and
other innovative manufacturing approaches for drugs.
``(2) Program guidance.--
``(A) In general.--The Secretary shall--
``(i) not later than 180 days after the public meeting
under paragraph (1), issue draft guidance regarding the
goals and implementation of the program under this section;
and
``(ii) not later than 2 years after the date of
enactment of this section, issue final guidance regarding
the implementation of such program.
``(B) Content.--The guidance described in subparagraph (A)
shall address--
``(i) the process by which a person may request a
designation under subsection (b);
``(ii) the data and information that a person
requesting such a designation is required to submit under
subsection (c), and how the Secretary intends to evaluate
such submissions;
``(iii) the process to expedite the development and
review of applications under subsection (d); and
``(iv) the criteria described in subsection (b) for
eligibility for such a designation.
``(3) Report.--Not later than 3 years after the date of
enactment of this section and annually thereafter, the Secretary
shall publish on the website of the Food and Drug Administration
and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report containing a description and
evaluation of the program being conducted under this section,
including the types of innovative manufacturing approaches
supported under the program. Such report shall include the
following:
``(A) The number of persons that have requested
designations and that have been granted designations.
``(B) The number of methods of manufacturing that have been
the subject of designation requests and that have been granted
designations.
``(C) The average number of calendar days for completion of
evaluations under subsection (c)(2).
``(D) An analysis of the factors in data submissions that
result in determinations to designate and not to designate
after evaluation under subsection (c)(2).
``(E) The number of applications received under section 505
of this Act or section 351 of the Public Health Service Act,
including supplemental applications, that have included an
advanced manufacturing technology designated under this
section, and the number of such applications approved.
``(f) Sunset.--The Secretary--
``(1) may not consider any requests for designation submitted
under subsection (c) after October 1, 2032; and
``(2) may continue all activities under this section with
respect to advanced manufacturing technologies that were designated
pursuant to subsection (b) prior to such date, if the Secretary
determines such activities are in the interest of the public
health.''.
CHAPTER 2--TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS
SEC. 3221. SAFER DISPOSAL OF OPIOIDS.
Section 505-1(e)(4)(B) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355-1(e)(4)(B)) is amended by striking ``for purposes of
rendering drugs nonretrievable (as defined in section 1300.05 of title
21, Code of Federal Regulations (or any successor regulation))''.
SEC. 3222. THERAPEUTIC EQUIVALENCE EVALUATIONS.
Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(7)(A)) is amended by adding at the end the following:
``(v)(I) With respect to an application submitted pursuant to
subsection (b)(2) for a drug that is subject to section 503(b) for
which the sole difference from a listed drug relied upon in the
application is a difference in inactive ingredients not permitted under
clause (iii) or (iv) of section 314.94(a)(9) of title 21, Code of
Federal Regulations (or any successor regulations), the Secretary shall
make an evaluation with respect to whether such drug is a therapeutic
equivalent (as defined in section 314.3 of title 21, Code of Federal
Regulations (or any successor regulations)) to another approved drug
product in the prescription drug product section of the list under this
paragraph as follows:
``(aa) With respect to such an application submitted after the
date of enactment of the Food and Drug Omnibus Reform Act of 2022,
the evaluation shall be made with respect to a listed drug relied
upon in the application pursuant to subsection (b)(2) that is a
pharmaceutical equivalent (as defined in section 314.3 of title 21,
Code of Federal Regulations (or any successor regulations)) to the
drug in the application pursuant to subsection (b)(2) at the time
of approval of such application or not later than 180 days after
the date of such approval, provided that the request for such an
evaluation is made in the original application (or in a
resubmission to a complete response letter), and all necessary data
and information are submitted in the original application (or in a
resubmission in response to a complete response letter) for the
therapeutic equivalence evaluation, including information to
demonstrate bioequivalence, in a form and manner prescribed by the
Secretary.
``(bb) With respect to such an application approved prior to or
on the date of enactment of the Food and Drug Omnibus Reform Act of
2022, the evaluation shall be made not later than 180 days after
receipt of a request for a therapeutic equivalence evaluation
submitted as part of a supplement to such application; or with
respect to an application that was submitted prior to the date of
enactment of the Food and Drug Omnibus Reform Act of 2022 but not
approved as of the date of enactment of such Act, the evaluation
shall be made not later than 180 days after the date of approval of
such application if a request for such evaluation is submitted as
an amendment to the application, provided that--
``(AA) such request for a therapeutic equivalence
evaluation is being sought with respect to a listed drug relied
upon in the application, and the relied upon listed drug is in
the prescription drug product section of the list under this
paragraph and is a pharmaceutical equivalent (as defined in
section 314.3 of title 21, Code of Federal Regulations (or any
successor regulations)) to the drug for which a therapeutic
equivalence evaluation is sought; and
``(BB) the amendment or supplement, as applicable,
containing such request, or the relevant application, includes
all necessary data and information for the therapeutic
equivalence evaluation, including information to demonstrate
bioequivalence, in a form and manner prescribed by the
Secretary.
``(II) When the Secretary makes an evaluation under subclause (I),
the Secretary shall, in revisions made to the list pursuant to clause
(ii), include such information for such drug.''.
SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY VENDORS.
(a) In General.--
(1) Opening public docket.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall open a single
public docket to solicit comments on factors that generally should
be considered by the Secretary when reviewing requests from
sponsors of drugs subject to risk evaluation and mitigation
strategies to change third-party vendors engaged by sponsors to aid
in implementation and management of the strategies.
(2) Factors.--Such factors include the potential effects of
changes in third-party vendors on--
(A) patient access; and
(B) prescribing and administration of the drugs by health
care providers.
(3) Closing public docket.--The Secretary may close such public
docket not earlier than 90 days after such docket is opened.
(4) No delay.--Nothing in this section shall delay agency
action on any modification to a risk evaluation and mitigation
strategy.
(b) GAO Report.--Not later than December 31, 2026, the Comptroller
General of the United States shall submit to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report on--
(1) the number of changes in third-party vendors (engaged by
sponsors to aid implementation and management of risk evaluation
and mitigation strategies) for an approved risk evaluation and
mitigation strategy the Secretary has approved under section 505-
1(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-
1(h));
(2) any issues affecting patient access to the drug that is
subject to the strategy or considerations with respect to the
administration or prescribing of such drug by health care providers
that arose as a result of such changes; and
(3) how such issues were resolved, as applicable.
SEC. 3224. ENHANCING ACCESS TO AFFORDABLE MEDICINES.
Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(10)(A)) is amended by striking clauses (i) through
(iii) and inserting the following:
``(i) a revision to the labeling of the listed drug has been
approved by the Secretary within 90 days of when the application is
otherwise eligible for approval under this subsection;
``(ii) the sponsor of the application agrees to submit revised
labeling for the drug that is the subject of the application not
later than 60 days after approval under this subsection of the
application;
``(iii) the labeling revision described under clause (i) does
not include a change to the `Warnings' section of the labeling;
and''.
Subtitle C--Medical Devices
SEC. 3301. DUAL SUBMISSION FOR CERTAIN DEVICES.
Section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360c) is amended by adding at the end the following:
``(k) For a device authorized for emergency use under section 564
for which, in accordance with section 564(m), the Secretary has deemed
a laboratory examination or procedure associated with such device to be
in the category of examinations and procedures described in section
353(d)(3) of the Public Health Service Act, the sponsor of such device
may, when submitting a request for classification under section
513(f)(2), submit a single submission containing--
``(1) the information needed for such a request; and
``(2) sufficient information to enable the Secretary to
determine whether such laboratory examination or procedure
satisfies the criteria to be categorized under section 353(d)(3) of
the Public Health Service Act.''.
SEC. 3302. MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.
(a) In General.--The Secretary shall convene one or more panels of
the Medical Devices Advisory Committee not less than once per year for
the purpose of providing advice to the Secretary on topics related to
medical devices used in pandemic preparedness and response, including
topics related to in vitro diagnostics.
(b) Required Panel Member.--A panel convened under subsection (a)
shall include at least 1 population health-specific representative.
(c) Sunset.--This section shall cease to be effective on October 1,
2027.
SEC. 3303. GAO REPORT ON THIRD-PARTY REVIEW.
Not later than September 30, 2026, the Comptroller General of the
United States shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the third-party review
program under section 523 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m). Such report shall include--
(1) a description of the financial and staffing resources used
to carry out such program;
(2) a description of actions taken by the Secretary pursuant
section 523(b)(2)(C) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m(b)(2)(C)); and
(3) the results of an audit of the performance of select
persons accredited under such program.
SEC. 3304. CERTIFICATES TO FOREIGN GOVERNMENTS.
Section 801(e)(4) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 381(e)(4)) is amended--
(1) in subparagraph (E), by striking clause (iii); and
(2) by adding at the end the following:
``(F)(i) This paragraph applies to requests for certification under
this subparagraph of a device manufactured by a device establishment
located outside of the United States that is registered under section
510, if the device is listed pursuant to section 510(j), the device has
been cleared, approved, or is not required to submit a premarket report
pursuant to subsection (l) or (m) of section 510, and the device is
imported or offered for import into the United States.
``(ii) The Secretary shall issue the certification as described in
clause (iii) if the device or devices for which certification is
requested under this subparagraph meet the applicable requirements of
this Act.
``(iii)(I) A certification for a device described in clause (i)
shall be subject to the fee described in subparagraph (B).
``(II) Notwithstanding subparagraph (C), a certification for a
device described in clause (i) shall address and include the same
material information as a `Certificate to Foreign Government' and shall
have a document title including the words `Certificate to Foreign
Government'.
``(iv) The requirements and procedures of subparagraph (E) shall
apply to a denial of a certification under this subparagraph.''.
SEC. 3305. ENSURING CYBERSECURITY OF MEDICAL DEVICES.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``SEC. 524B. ENSURING CYBERSECURITY OF DEVICES.
``(a) In General.--A person who submits an application or
submission under section 510(k), 513, 515(c), 515(f), or 520(m) for a
device that meets the definition of a cyber device under this section
shall include such information as the Secretary may require to ensure
that such cyber device meets the cybersecurity requirements under
subsection (b).
``(b) Cybersecurity Requirements.--The sponsor of an application or
submission described in subsection (a) shall--
``(1) submit to the Secretary a plan to monitor, identify, and
address, as appropriate, in a reasonable time, postmarket
cybersecurity vulnerabilities and exploits, including coordinated
vulnerability disclosure and related procedures;
``(2) design, develop, and maintain processes and procedures to
provide a reasonable assurance that the device and related systems
are cybersecure, and make available postmarket updates and patches
to the device and related systems to address--
``(A) on a reasonably justified regular cycle, known
unacceptable vulnerabilities; and
``(B) as soon as possible out of cycle, critical
vulnerabilities that could cause uncontrolled risks;
``(3) provide to the Secretary a software bill of materials,
including commercial, open-source, and off-the-shelf software
components; and
``(4) comply with such other requirements as the Secretary may
require through regulation to demonstrate reasonable assurance that
the device and related systems are cybersecure.
``(c) Definition.--In this section, the term `cyber device' means a
device that--
``(1) includes software validated, installed, or authorized by
the sponsor as a device or in a device;
``(2) has the ability to connect to the internet; and
``(3) contains any such technological characteristics
validated, installed, or authorized by the sponsor that could be
vulnerable to cybersecurity threats.
``(d) Exemption.--The Secretary may identify devices, or categories
or types of devices, that are exempt from meeting the cybersecurity
requirements established by this section and regulations promulgated
pursuant to this section. The Secretary shall publish in the Federal
Register, and update, as appropriate, a list of the devices, or
categories or types of devices, so identified by the Secretary.''.
(b) Prohibited Act.--Section 301(q) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(q)) is amended by adding at the end the
following:
``(3) The failure to comply with any requirement under section
524B(b)(2) (relating to ensuring device cybersecurity).''.
(c) Rule of Construction.--Nothing in this section, including the
amendments made by this section, shall be construed to affect the
Secretary's authority related to ensuring that there is a reasonable
assurance of the safety and effectiveness of devices, which may include
ensuring that there is a reasonable assurance of the cybersecurity of
certain cyber devices, including for devices approved or cleared prior
to the date of enactment of this Act.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 90 days after the date of enactment of this Act. An
application or submission submitted before such effective date shall
not be subject to the requirements under subsection (a) or (b) of
section 524B of the Federal Food, Drug, and Cosmetic Act, as added by
this section.
(e) Guidance for Industry and FDA Staff on Device Cybersecurity.--
Not later than 2 years after the date of enactment of this Act, and
periodically thereafter as appropriate, the Secretary, in consultation
with the Director of the Cybersecurity and Infrastructure Security
Agency, shall review and, as appropriate and after soliciting and
receiving feedback from device manufacturers, health care providers,
third-party-device servicers, patient advocates, and other appropriate
stakeholders, update the guidance entitled ``Content of Premarket
Submissions for Management of Cybersecurity in Medical Devices'' (or a
successor document).
(f) Resources Regarding Cybersecurity of Devices.--Not later than
180 days after the date of enactment of this Act, and not less than
annually thereafter, the Secretary shall update public information
provided by the Food and Drug Administration, including on the website
of the Food and Drug Administration, with information regarding
improving cybersecurity of devices. Such information shall include
information on identifying and addressing cyber vulnerabilities for
health care providers, health systems, and device manufacturers, and
how such entities may access support through the Cybersecurity and
Infrastructure Security Agency and other Federal entities, including
the Department of Health and Human Services, to improve the
cybersecurity of devices.
(g) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall publish
a report identifying challenges in cybersecurity for devices, including
legacy devices that may not support certain software security updates.
Through such report, the Comptroller General shall examine--
(1) challenges for device manufacturers, health care providers,
health systems, and patients in accessing Federal support to
address vulnerabilities across Federal agencies;
(2) how Federal agencies can strengthen coordination to better
support cybersecurity for devices; and
(3) statutory limitations and opportunities for improving
cybersecurity for devices.
(h) Definition.--In this section, the term ``device'' has the
meaning given such term in section 201(h) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(h)).
SEC. 3306. BANS OF DEVICES FOR ONE OR MORE INTENDED USES.
(a) In General.--Section 516(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360f(a)) is amended--
(1) in paragraph (1), by inserting ``for one or more intended
uses'' before the semicolon at the end; and
(2) in the matter following paragraph (2), by inserting ``or to
make such intended use or uses a banned intended use or uses. A
device that is banned for one or more intended uses is not a
legally marketed device under section 1006 when intended for such
use or uses'' after ``banned device''.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to amend, in
accordance with section 516 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360f), as amended by this section, and chapter 5 of title 5,
United States Code, regulations promulgated pursuant to such section
516, as amended by this section.
SEC. 3307. THIRD PARTY DATA TRANSPARENCY.
(a) In General.--To the extent the Secretary relies on any data,
analysis, or other information or findings provided by entities that
has been funded in whole or in part by, or otherwise performed under
contract with, the Food and Drug Administration, in regulatory
decision-making with respect to devices, the Secretary shall--
(1) request access to the datasets, inputs, clinical or other
assumptions, methods, analytical code, results, and other
components underlying or comprising the analysis, conclusions, or
other findings upon which the Secretary seeks to rely; and
(2) in the event that information described in paragraph (1) is
used to support regulatory decision-making, and as otherwise
appropriate, to the extent practicable, provide the manufacturer or
manufacturers subject to such decision a summary of such
information, subject to protection of confidential commercial
information or trade secret information or personally identifiable
information.
(b) Report.--Not later than September 30, 2023, and biennially
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives, and publish on the
website of the Food and Drug Administration, a report on the number of
postmarket device signals communications issued by the Secretary, the
sources of data for such signals, and how such signals were revised or
resolved.
(c) Rule of Construction.--Nothing in this section shall be
construed to require the delay of any regulatory decision-making or
other action of the Food and Drug Administration.
SEC. 3308. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515B
(21 U.S.C. 360e-3) the following:
``SEC. 515C. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
``(a) Approved Devices.--
``(1) In general.--Notwithstanding section 515(d)(5)(A), a
supplemental application shall not be required for a change to a
device approved under section 515, if such change is consistent
with a predetermined change control plan that is approved pursuant
to paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
approve a predetermined change control plan submitted in an
application, including a supplemental application, under section
515 that describes planned changes that may be made to the device
(and that would otherwise require a supplemental application under
section 515), if the device remains safe and effective without any
change.
``(3) Scope.--The Secretary may require that a change control
plan include labeling required for safe and effective use of the
device as such device changes pursuant to such plan, notification
requirements if the device does not function as intended pursuant
to such plan, and performance requirements for changes made under
the plan.
``(b) Cleared Devices.--
``(1) In general.--Notwithstanding section 510(k), a premarket
notification shall not be required for a change to a device cleared
under section 510(k), if such change is consistent with an
established predetermined change control plan granted pursuant to
paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
clear a predetermined change control plan submitted in a
notification submitted under section 510(k) that describes planned
changes that may be made to the device (and that would otherwise
require a new notification), if--
``(A) the device remains safe and effective without any
such change; and
``(B) the device would remain substantially equivalent to
the predicate.
``(3) Scope.--The Secretary may require that a change control
plan include labeling required for safe and effective use of the
device as such device changes pursuant to such plan, notification
requirements if the device does not function as intended pursuant
to such plan, and performance requirements for changes made under
the plan.
``(c) Predicate Devices.--In making a determination of substantial
equivalence pursuant to section 513(i), the Secretary shall not compare
a device to changed versions of a device implemented in accordance with
an established predetermined change control plan as a predicate device.
Only the version of the device cleared or approved, prior to changes
made under the predetermined change control plan, may be used by a
sponsor as a predicate device.''.
(b) Conforming Amendments.--
(1) Cleared devices.--Section 510(l)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360(l)(1)) is amended, in the
first sentence, by inserting ``, or with respect to a change that
is consistent with a predetermined change control plan cleared
under section 515C'' before the period at the end.
(2) Approved devices.--Section 515(d)(5)(A)(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e(d)(5)(A)(i)) is
amended by striking ``A supplemental'' and inserting ``Unless the
change is consistent with a predetermined change control plan
approved under section 515C, a supplemental''.
(3) Documentation of rationale for significant decisions.--
Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360g-1(a)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall provide a substantive
summary of the scientific and regulatory rationale for any
significant decision of the Center for Devices and Radiological
Health regarding submission or review of a report under section
510(k), a petition for classification under section 513(f), an
application under section 515, or an application for an exemption
under section 520(g), including documentation of significant
controversies or differences of opinion and the resolution of such
controversies or differences of opinion.''.
SEC. 3309. SMALL BUSINESS FEE WAIVER.
(a) In General.--Section 738(a)(3)(B) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j) is amended--
(1) by striking ``No fee'' and inserting the following:
``(i) In general.--No fee''; and
(2) by adding at the end the following:
``(ii) Small businesses fee waiver.--
``(I) Definition of small business.--For purposes
of this clause, the term `small business' means an
entity that reported $1,000,000 or less of gross
receipts or sales in its most recent Federal income tax
return for a taxable year, including such returns of
all of its affiliates.
``(II) Waiver.--The Secretary may grant a waiver of
the fee required under subparagraph (A) for the annual
registration (excluding the initial registration) of an
establishment for a year, beginning on October 1, 2024,
if the Secretary finds that the establishment is a
small business and paying the fee for such year
represents a financial hardship to the establishment as
determined by the Secretary.
``(III) Firms submitting tax returns to the united
states internal revenue service.--The establishment
shall support its claim that it meets the definition
under subclause (I) by submission of a copy of its most
recent Federal income tax return for a taxable year,
and a copy of such returns of its affiliates, which
show an amount of gross sales or receipts that is less
than the maximum established in subclause (I). The
establishment, and each of such affiliates, shall
certify that the information provided is a true and
accurate copy of the actual tax forms they submitted to
the Internal Revenue Service. If no tax forms are
submitted for any affiliate, the establishment shall
certify that the establishment has no affiliates.
``(IV) Firms not submitting tax returns to the
united states internal revenue service.--In the case of
an establishment that has not previously submitted a
Federal income tax return, the establishment and each
of its affiliates shall demonstrate that it meets the
definition under subclause (I) by submission of a
signed certification, in such form as the Secretary may
direct through a notice published in the Federal
Register, that the establishment or affiliate meets the
criteria for a small business and a certification, in
English, from the national taxing authority, if extant,
of the country in which the establishment or, if
applicable, affiliate is headquartered. The
certification from such taxing authority shall bear the
official seal of such taxing authority and shall
provide the establishment's or affiliate's gross
receipts or sales for the most recent year in both the
local currency of such country and in United States
dollars, the exchange rate used in converting such
local currency to dollars, and the dates during which
these receipts or sales were collected. The
establishment shall also submit a statement signed by
the head of the establishment's firm or by its chief
financial officer that the establishment has submitted
certifications for all of its affiliates, or that the
establishment has no affiliates.
``(V) Request for waiver.--An establishment seeking
a fee waiver for a year under this clause shall submit
supporting information to the Secretary at least 60
days before the fee is required pursuant to
subparagraph (C). The decision of the Secretary
regarding whether an entity may receive the waiver for
such year is not reviewable.''.
(b) Taxing Authority.--Section 738(d)(2)(B)(iii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j(d)(2)(B)(iii)) is amended
by inserting ``, if extant,'' after ``national taxing authority''.
Subtitle D--Infant Formula
SEC. 3401. PROTECTING INFANTS AND IMPROVING FORMULA SUPPLY.
(a) Definitions.--
(1) In general.--In this section, the term ``infant formula''
has the meaning given such term in section 201(z) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).
(2) Critical food.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss) The term `critical food' means a food that is--
``(1) an infant formula; or
``(2) a medical food, as defined in section 5(b)(3) of the
Orphan Drug Act.''.
(b) Office of Critical Foods.--
(1) In general.--The Secretary shall establish within the
Center for Food Safety and Applied Nutrition an office to be known
as the Office of Critical Foods. The Secretary shall appoint a
Director to lead such Office.
(2) Duties.--The Office of Critical Foods shall be responsible
for oversight, coordination, and facilitation of activities related
to critical foods, as defined in section 201(ss) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a)(2).
(c) Premarket Submissions of Infant Formula to Address Shortages.--
Section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350a) is amended by adding at the end the following:
``(j) Premarket Submissions To Address Shortages.--
``(1) In general.--The Secretary shall waive the 90-day
premarket submission requirement under subsection (c) and apply a
30-day premarket submission requirement for any person who intends
to introduce or deliver for introduction into interstate commerce
any new infant formula.
``(2) Effective period.--The waiver authority under this
subsection shall remain in effect--
``(A) for 90 days beginning on the date that the Secretary
distributes information under section 424(a)(2) with respect to
a shortage of infant formula; or
``(B) such longer period as the Secretary determines
appropriate, to prevent or mitigate a shortage of infant
formula.''.
(d) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives that includes--
(1) the number of premarket submissions for new infant formula
the Secretary has received under section 412(d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) each year since
2012;
(2) how many of such submissions received requests from the
Secretary for additional information;
(3) how long after receiving such submissions the Secretary
sent such requests for additional information;
(4) what additional information the Secretary requested of the
persons submitting such submissions; and
(5) the date each new infant formula described in subparagraph
(A) was first marketed, if available.
(e) Infant Formula Flexibilities.--The Secretary shall publish a
list on the website of the Department of Health and Human Services
providing information on how to identify appropriate substitutes for
infant formula products in shortage that are relied upon by infants and
other individuals with inborn errors of metabolism or other serious
health conditions.
(f) International Harmonization of Infant Formula Requirements.--
(1) In general.--The Secretary--
(A) shall participate in meetings with representatives from
other countries to discuss methods and approaches to
harmonizing regulatory requirements for infant formula,
including with respect to inspections, labeling, and
nutritional requirements; and
(B) may enter into arrangements or agreements regarding
such requirements with other countries, as appropriate,
including arrangements or agreements with a foreign government
or agency of a foreign government to recognize the inspection
of foreign establishments that manufacture infant formula for
export to the United States.
(2) Study on infant formula.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall seek to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this paragraph as the
``National Academies'') to examine and report on challenges in
supply, market competition, and regulation of infant formula in
the United States.
(B) Contents of the report.--The report developed pursuant
to the agreement under subparagraph (A) shall--
(i) assess and evaluate--
(I) infant formula marketed in the United States;
(II) any challenges in supply, or market
competition with respect to such infant formula; and
(III) any differences between infant formula
marketed in the United States and infant formula
marketed in the European Union, including with respect
to nutritional content and applicable labeling and
other regulatory requirements; and
(ii) include recommendations, including for infant
formula manufacturers, on measures to address supply and
market competition in the United States.
(C) Final report.--The agreement under subparagraph (A)
shall specify that the National Academies shall, not later than
1 year after the date of enactment of this Act, complete such
study and submit a report on the results of such study to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
(g) Transparency and Accountability To Support Infant Formula
Innovation.--
(1) Congressional notification of recall.--Section 412 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended
by subsection (c), is further amended by adding at the end the
following:
``(k) Congressional Notification of Recall.--
``(1) In general.--Not later than 24 hours after the initiation
of a recall of infant formula as described in subsection (e), the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a notification of such
recall.
``(2) Contents.--A notification under paragraph (1) shall
include the following:
``(A) If the recall is required by the Food and Drug
Administration, a summary of the information supporting a
determination that the adulterated or misbranded infant formula
presents a risk to human health.
``(B) If the recall is voluntarily initiated by the
manufacturer, a summary of the information provided to the Food
and Drug Administration by the manufacturer regarding infant
formula that has left the control of the manufacturer that may
be adulterated or misbranded.
``(C) Specification of when the Food and Drug
Administration was first made aware of the instance or
circumstances surrounding the recall.
``(D) An initial estimate of the disruption in domestic
production that may result from the recall.''.
(2) Annual report to congress.--Section 412 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by
paragraph (1), is further amended by adding at the end the
following:
``(l) Annual Report to Congress.--
``(1) In general.--Not later than March 30 of each year, the
Secretary shall submit a report to Congress containing, with
respect to the preceding calendar year, the following information:
``(A) The number of submissions received by the Secretary
under subsection (d).
``(B) The number of such submissions that included any new
ingredients that were not included in any infant formula
already on the market.
``(C) The number of inspections conducted by the Food and
Drug Administration or any agent thereof to evaluate compliance
with the requirements for infant formulas under subsection (b).
``(D) The time between any inspection referred to in
subparagraph (C) and any necessary reinspection to evaluate
compliance with the requirements for infant formulas under
subsection (b).
``(E) A breakdown of the information described in
subparagraphs (A) through (D) between foreign and domestic
manufacturers and facilities.
``(2) Confidentiality.--The Secretary shall ensure that the
reports under paragraph (1) do not include any information that is
a trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of title
18, United States Code.''.
(3) New infant formula submissions.--Section 412(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) is amended
by adding at the end the following:
``(4) The Secretary shall provide a response to a submission under
this subsection not later than 45 days after receiving such
submission.''.
(4) List of nutrients.--Section 412(i)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350a(i)) is amended by striking
``or, if revised by the Secretary under paragraph (2), as so
revised'' and inserting the following: ``, which shall be reviewed
by the Secretary every 4 years as appropriate. In reviewing such
table, the Secretary shall consider any new scientific data or
information related to infant formula nutrients, including
international infant formula standards. The Secretary may revise
the list of nutrients and the required level for any nutrient
required by the table''.
(5) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue guidance regarding
information sponsors may consider including in submissions required
under section 412(d) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 350a(d)), including considerations for meeting each of
the requirements of paragraphs (1), (2), and (3) of subsection (d).
(6) Technical correction.--Section 412(c)(1)(B) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(c)(1)(B)) is amended
by striking ``subsection (c)(1)'' and inserting ``subsection
(d)(1)''.
(h) Response to Recall.--
(1) Manufacturer submission.--
(A) In general.--Promptly after the initiation of a recall
of infant formula, the manufacturer of the recalled infant
formula shall submit information to the Secretary regarding
such recall.
(B) Contents.--A submission under subparagraph (A) shall
include the following:
(i) A plan (including an estimated timeline, as
applicable) of actions the manufacturer will take, suited
to the individual circumstances of the particular recall,
including--
(I) to identify and address any cause of, and
contributing factor in, known or suspected adulteration
or known or suspected misbranding; and
(II) if appropriate, to restore operation of the
impacted facilities.
(ii) In the case that a recall of the manufacturer's
infant formula products, and subsequent actions to respond
to such recall, impacts over 10 percent of the production
of the infant formula intended for sale in the United
States, a plan to backfill the supply of the manufacturer's
infant formula supply if the current domestic supply of
such infant formula has fallen, or is expected to fall,
below the expected demand for the formula.
(2) Report to congress.--
(A) In general.--Promptly after a submission under
paragraph (1) is received, the Secretary shall provide such
submission, together with the information specified in
subparagraph (B), in a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
(B) Contents.--A report under subparagraph (A) shall
include the following:
(i) Information concerning the current domestic supply
of infant formula, including--
(I) a breakdown of the specific types of formula
involved; and
(II) an estimate of how long current supplies will
last.
(ii) If a submission or submissions under paragraph (1)
show that the recall and subsequent actions to respond to
the recall impact over 10 percent of the domestic
production of infant formula intended for sale in the
United States--
(I) actions to work with the impacted manufacturer
or other manufacturers to increase production; and
(II) specification of--
(aa) any additional authorities needed
regarding production or importation to fill a
supply gap; and
(bb) any supplemental funding necessary to
address the shortage.
(3) Sunset.--This subsection shall cease to have force or
effect on September 30, 2026.
(i) Coordination With Manufacturer.--
(1) In general.--
(A) Communication following inspection.--Upon completing an
inspection of an infant formula manufacturing facility impacted
by a recall, the Secretary, acting through the Commissioner of
Food and Drugs, shall provide the manufacturer involved a list
of any actions necessary to--
(i) address deficiencies contributing to the potential
adulteration or misbranding of product at the facility; and
(ii) safely restart production at the facility.
(B) Response to manufacturer.--Not later than 7 days after
receiving a written communication from a manufacturer of infant
formula containing corrective actions to address manufacturing
deficiencies identified during an inspection of a facility
engaged in the manufacturing of an infant formula impacted by a
recall, the Secretary, acting through the Commissioner of Food
and Drugs, shall provide a substantive response to such
communication concerning the sufficiency of the proposed
corrective actions.
(2) Inspections.--The Secretary shall ensure timely
communication with a manufacturer of infant formula following an
inspection of a facility engaged in the manufacturing of infant
formula for consumption in the United States. If a reinspection of
a manufacturer of an infant formula is required to ensure that such
manufacturer completed any remediation actions or addressed any
deficiencies, the Secretary shall reinspect such facility in a
timely manner. The Secretary shall prioritize and expedite an
inspection or reinspection of an establishment that could help
mitigate or prevent a shortage of an infant formula.
(3) Annual inspections.--Not later than 6 months after the date
of enactment of this Act, and not less than once per calendar year
thereafter, the Secretary shall conduct inspections, including
unannounced inspections, of the facilities (including foreign
facilities) of each manufacturer of an infant formula required to
be registered under section 412(c)(1)(A) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 350a(c)(1)(A)), in accordance with a
risk-based approach and ensure timely and effective internal
coordination and alignment among the Office of Regulatory Affairs
and the Center for Food Safety and Applied Nutrition. In meeting
the inspection requirements under this subsection, the Secretary
may rely on inspections conducted by foreign regulatory
authorities, under arrangements or agreements, and conducted by
State agencies under contract, memoranda of understanding, or any
other obligation.
(j) National Strategy on Infant Formula.--
(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture and other heads of relevant departments
and agencies, shall develop and issue, not later than 90 days after
the date of enactment of this Act, a national strategy on infant
formula to increase the resiliency of the infant formula supply
chain, protect against future contamination and other potential
causes of supply disruptions and shortages, and ensure parents and
caregivers have access to infant formula and information they need.
(2) Immediate national strategy.--The national strategy under
paragraph (1) shall include efforts--
(A) to increase the resiliency of the infant formula supply
chain in the short-term by--
(i) assessing causes of any supply disruption or
shortage of infant formula in existence as of the date of
enactment of this Act and potential causes of future supply
disruptions and shortages;
(ii) assessing and addressing immediate infant formula
needs associated with the shortage; and
(iii) developing a plan to increase infant formula
supply, including through increased competition; and
(B) to ensure the development and updating of education and
communication materials for parents and caregivers that cover--
(i) where and how to find infant formula;
(ii) comparable infant formulas on the market;
(iii) what to do if a specialty infant formula is
unavailable;
(iv) safe practices for handling infant formula; and
(v) other topics, as appropriate.
(3) Long-term strategy.--Not later than 90 days after the
submission of the report described in subsection (f)(2), the
Secretary shall update the national strategy under paragraph (1) to
include efforts to improve preparedness against infant formula
shortages in the long-term by--
(A) outlining methods to improve information-sharing
between the Federal Government and State and local governments,
and other entities as appropriate, regarding shortages;
(B) recommending measures for protecting the integrity of
the infant formula supply and preventing contamination;
(C) outlining methods to incentivize new infant formula
manufacturers to increase supply and mitigate future shortages;
and
(D) recommending other necessary authorities to gain
insight into the supply chain and risk for shortages, and to
incentivize new infant formula manufacturers.
(k) Meaningful Disruption in the Production of Critical Food.--
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341
et seq.) is amended by adding at the end the following:
``SEC. 424. REQUIREMENTS FOR CRITICAL FOOD.
``(a) Notification of Meaningful Disruption for Critical Food.--
``(1) In general.--A manufacturer of a critical food (as
defined in section 201(ss)) shall notify the Secretary of a
permanent discontinuance in the manufacture or an interruption of
the manufacture of such food that is likely to lead to a meaningful
disruption in the supply of such food in the United States, and the
reasons for such discontinuance or interruption, as soon as
practicable, but not later than 5 business days after such
discontinuance or such interruption.
``(2) Distribution of information.--Not later than 5 calendar
days after receiving a notification under paragraph (1), if the
Secretary has determined that such discontinuance or interruption
has resulted, or is likely to result, in a shortage of such
critical food, the Secretary shall distribute, to the Secretary of
Agriculture and to the maximum extent practicable to the
appropriate entities, as determined by the Secretary through such
means as the Secretary determines appropriate, information on such
shortage.
``(3) Confidentiality.--Nothing in this subsection authorizes
the Secretary to disclose any information that is a trade secret or
confidential information subject to section 552(b)(4) of title 5,
United States Code, or section 1905 of title 18, United States
Code.
``(4) Meaningful disruption.--In this subsection, the term
`meaningful disruption'--
``(A) means a change in production that is reasonably
likely to lead to a significant reduction in the supply of a
critical food by a manufacturer that affects the ability of the
manufacturer to meet expected demand for its product; and
``(B) does not include interruptions in manufacturing due
to matters such as routine maintenance, changes or
discontinuance of flavors, colors, or other insignificant
formulation characteristics, or insignificant changes in
manufacturing so long as the manufacturer expects to resume
operations in a short period of time.
``(b) Risk Management Plans.--Each manufacturer of a critical food
shall develop, maintain, and implement, as appropriate, a redundancy
risk management plan that identifies and evaluates risks to the supply
of the food, as applicable, for each establishment in which such food
is manufactured. A risk management plan under this subsection--
``(1) may identify and evaluate risks to the supply of more
than one critical food, or critical food category, manufactured at
the same establishment;
``(2) may identify mechanisms by which the manufacturer would
mitigate the impacts of a supply disruption through alternative
production sites, alternative suppliers, stockpiling of inventory,
or other means; and
``(3) shall be subject to inspection and copying by the
Secretary pursuant to an inspection under section 704.
``(c) Failure To Meet Requirements.--
``(1) In general.--If a person fails to submit information
required under, and in accordance with, subsection (a)--
``(A) the Secretary shall issue a letter to such person
informing such person of such failure; and
``(B) not later than 45 calendar days after the issuance of
a letter under subparagraph (A), subject to paragraph (2), the
Secretary shall make available to the public on the website of
the Food and Drug Administration, with appropriate redactions
made to protect the information described in subsection
(a)(3)--
``(i) the letter issued under subparagraph (A); and
``(ii) at the request of such person, any response to
such letter such person submitted to the Secretary.
``(2) Exception.--If the Secretary determines that the letter
under paragraph (1) was issued in error or, after review of such
response, the person had a reasonable basis for not submitting a
notification as required under subsection (a), the requirements of
paragraph (1)(B) shall not apply.''.
(l) Specialty Infant Formula for Importation.--Section 412 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by
subsection (f)(2), is further amended by adding at the end the
following:
``(m) Waiver of Requirements for Importation of Specialty Infant
Formula.--
``(1) In general.--The Secretary may, during a shortage of
specialty infant formula as determined by the Secretary, waive any
requirement under this Act applicable to facilitate the importation
of specialty infant formula. Such a waiver may be applicable to--
``(A) the importation of specialty infant formula from any
country that is determined by the Secretary to be implementing
and enforcing requirements for infant formula that provide a
similar assurance of safety and nutritional adequacy as the
requirements of this Act; or
``(B) the distribution and sale of such imported specialty
infant formula.
``(2) Rule of construction.--Nothing in paragraph (1) shall be
construed to limit the authority of the Secretary to require a
recall of, or otherwise impose restrictions and requirements under
this Act with respect to, specialty infant formula that is subject
to a waiver under paragraph (1).
``(3) Definition of specialty infant formula.--In this
subsection, the term `specialty infant formula' means infant
formula described in subsection (h)(1).''.
(m) Importation for Personal Use.--
(1) In general.--Notwithstanding any provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), during the
90-day period beginning on the date of enactment of this Act, an
individual may, without prior notice to the Food and Drug
Administration, import up to a 3-month supply of infant formula for
personal use from--
(A) Canada;
(B) any country in the European Union; or
(C) any other country that is determined by the Secretary
to be implementing and enforcing requirements for infant
formula that provide a similar assurance of safety and
nutritional adequacy as the requirements of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(2) Limitations.--Infant formula may be imported pursuant to
paragraph (1) only if the infant formula--
(A) is exclusively for personal use and will not be
commercialized or promoted; and
(B) does not present an unreasonable risk to human health.
(3) Reporting of adverse events.--If a health care provider
becomes aware of any adverse event which the health care provider
reasonably suspects to be associated with infant formula imported
pursuant to paragraph (1), the health care provider shall report
such adverse event to the Commissioner of Food and Drugs.
(4) Public notice.--The Secretary, acting through the
Commissioner of Food and Drugs, shall post on the public website of
the Food and Drug Administration notice that--
(A) infant formula imported pursuant to paragraph (1) may
not have been manufactured in a facility that has been
inspected by the Food and Drug Administration;
(B) the labeling of such infant formula may not meet the
standards and other requirements applicable with respect to
infant formula under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.); and
(C) the nutritional content of infant formula imported
pursuant to paragraph (1) may vary from that of infant formula
meeting such standards and other requirements.
(5) Sense of congress.--It is the sense of Congress that
persons considering the personal importation of infant formula
should consult with their pediatrician about such importation.
Subtitle E--Cosmetics
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Modernization of Cosmetics
Regulation Act of 2022''.
SEC. 3502. AMENDMENTS TO COSMETIC REQUIREMENTS.
Chapter VI of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
361 et seq.) is amended by adding at the end the following:
``SEC. 604. DEFINITIONS.
``In this chapter:
``(1) Adverse event.--The term `adverse event' means any
health-related event associated with the use of a cosmetic product
that is adverse.
``(2) Cosmetic product.--The term `cosmetic product' means a
preparation of cosmetic ingredients with a qualitatively and
quantitatively set composition for use in a finished product.
``(3) Facility.--
``(A) In general.--The term `facility' includes any
establishment (including an establishment of an importer) that
manufactures or processes cosmetic products distributed in the
United States.
``(B) Such term does not include any of the following:
``(i) Beauty shops and salons, unless such
establishment manufactures or processes cosmetic products
at that location.
``(ii) Cosmetic product retailers, including individual
sales representatives, direct sellers (as defined in
section 3508(b)(2) of the Internal Revenue Code of 1986),
retail distribution facilities, and pharmacies, unless such
establishment manufactures or processes cosmetic products
that are not sold directly to consumers at that location.
``(iii) Hospitals, physicians' offices, and health care
clinics.
``(iv) Public health agencies and other nonprofit
entities that provide cosmetic products directly to the
consumer.
``(v) Entities (such as hotels and airlines) that
provide complimentary cosmetic products to customers
incidental to other services.
``(vi) Trade shows and other venues where cosmetic
product samples are provided free of charge.
``(vii) An establishment that manufactures or processes
cosmetic products that are solely for use in research or
evaluation, including for production testing and not
offered for retail sale.
``(viii) An establishment that solely performs one or
more of the following with respect to cosmetic products:
``(I) Labeling.
``(II) Relabeling.
``(III) Packaging.
``(IV) Repackaging.
``(V) Holding.
``(VI) Distributing.
``(C) Clarification.--For the purposes of subparagraph
(B)(viii), the terms `packaging' and `repackaging' do not
include filling a product container with a cosmetic product.
``(4) Responsible person.--The term `responsible person' means
the manufacturer, packer, or distributor of a cosmetic product
whose name appears on the label of such cosmetic product in
accordance with section 609(a) of this Act or section 4(a) of the
Fair Packaging and Labeling Act.
``(5) Serious adverse event.--The term `serious adverse event'
means an adverse event that--
``(A) results in--
``(i) death;
``(ii) a life-threatening experience;
``(iii) inpatient hospitalization;
``(iv) a persistent or significant disability or
incapacity;
``(v) a congenital anomaly or birth defect;
``(vi) an infection; or
``(vii) significant disfigurement (including serious
and persistent rashes, second- or third-degree burns,
significant hair loss, or persistent or significant
alteration of appearance), other than as intended, under
conditions of use that are customary or usual; or
``(B) requires, based on reasonable medical judgment, a
medical or surgical intervention to prevent an outcome
described in subparagraph (A).
``SEC. 605. ADVERSE EVENTS.
``(a) Serious Adverse Event Reporting Requirements.--The
responsible person shall submit to the Secretary any report received of
a serious adverse event associated with the use, in the United States,
of a cosmetic product manufactured, packed, or distributed by such
person.
``(b) Submission of Reports.--
``(1) Serious adverse event report.--The responsible person
shall submit to the Secretary a serious adverse event report
accompanied by a copy of the label on or within the retail
packaging of such cosmetic product no later than 15 business days
after the report is received by the responsible person.
``(2) New medical information.--The responsible person shall
submit to the Secretary any new and material medical information,
related to a serious adverse event report submitted to the
Secretary in accordance with paragraph (1), that is received by the
responsible person within 1 year of the initial report to the
Secretary, no later than 15 business days after such information is
received by such responsible person.
``(3) Consolidation of reports.--The Secretary shall develop
systems to enable responsible persons to submit a single report
that includes duplicate reports of, or new medical information
related to, a serious adverse event.
``(c) Exemptions.--The Secretary may establish by regulation an
exemption to any of the requirements of this section if the Secretary
determines that such exemption would have no significant adverse effect
on public health.
``(d) Contact Information.--The responsible person shall receive
reports of adverse events through the domestic address, domestic
telephone number, or electronic contact information included on the
label in accordance with section 609(a).
``(e) Maintenance and Inspection of Adverse Event Records.--
``(1) Maintenance.--The responsible person shall maintain
records related to each report of an adverse event associated with
the use, in the United States, of a cosmetic product manufactured
or distributed by such person received by such person, for a period
of 6 years, except that a responsible person that is considered a
small business for the purposes of section 612, who does not engage
in the manufacturing or processing of the cosmetic products
described in subsection 612(b), shall maintain such records for a
period of 3 years.
``(2) Inspection.--
``(A) In general.-- The responsible person shall permit an
authorized person to have access to records required to be
maintained under this section during an inspection pursuant to
section 704.
``(B) Authorized person.--For purposes of this paragraph,
the term `authorized person' means an officer or employee of
the Department of Health and Human Services who has--
``(i) appropriate credentials, as determined by the
Secretary; and
``(ii) been duly designated by the Secretary to have
access to the records required under this section.
``(f) Fragrance and Flavor Ingredients.--If the Secretary has
reasonable grounds to believe that an ingredient or combination of
ingredients in a fragrance or flavor has caused or contributed to a
serious adverse event required to be reported under this section, the
Secretary may request in writing a list of such ingredients or
categories of ingredients in the specific fragrances or flavors in the
cosmetic product, from the responsible person. The responsible person
shall ensure that the requested information is submitted to the
Secretary within 30 days of such request. In response to a request
under section 552 of title 5, United States Code, information submitted
to the Secretary under this subsection shall be withheld under section
552(b)(3) of title 5, United States Code.
``(g) Protected Information.--A serious adverse event report
submitted to the Secretary under this section, including any new
medical information submitted under subsection (b)(2), or an adverse
event report, or any new information, voluntarily submitted to the
Secretary shall be considered to be--
``(1) a safety report under section 756 and may be accompanied
by a statement, which shall be a part of any report that is
released for public disclosure, that denies that the report or the
records constitute an admission that the product involved caused or
contributed to the adverse event; and
``(2) a record about an individual under section 552a of title
5, United States Code (commonly referred to as the `Privacy Act of
1974') and a medical or similar file the disclosure of which would
constitute a violation of section 552 of such title 5 (commonly
referred to as the `Freedom of Information Act'), and shall not be
publicly disclosed unless all personally identifiable information
is redacted.
``(h) Effect of Section.--
``(1) In general.--Nothing in this section shall affect the
authority of the Secretary to provide adverse event reports and
information to any health, food, or drug officer or employee of any
State, territory, or political subdivision of a State or territory,
under a memorandum of understanding between the Secretary and such
State, territory, or political subdivision.
``(2) Personally identifiable information.--Notwithstanding any
other provision of law, personally-identifiable information in
adverse event reports provided by the Secretary to any health,
food, or drug officer or employee of any State, territory, or
political subdivision of a State or territory, shall not--
``(A) be made publicly available pursuant to any State or
other law requiring disclosure of information or records; or
``(B) otherwise be disclosed or distributed to any party
without the written consent of the Secretary and the person
submitting such information to the Secretary.
``(3) Use of reports.--Nothing in this section shall permit a
State, territory, or political subdivision of a State or territory,
to use any safety report received from the Secretary in a manner
inconsistent with this section.
``(4) Rule of construction.--The submission of any report in
compliance with this section shall not be construed as an admission
that the cosmetic product involved caused or contributed to the
relevant adverse event.
``SEC. 606. GOOD MANUFACTURING PRACTICE.
``(a) In General.--The Secretary shall by regulation establish good
manufacturing practices for facilities that are consistent, to the
extent practicable, and appropriate, with national and international
standards, in accordance with section 601. Any such regulations shall
be intended to protect the public health and ensure that cosmetic
products are not adulterated. Such regulations may allow for the
Secretary to inspect records necessary to demonstrate compliance with
good manufacturing practices prescribed by the Secretary under this
paragraph during an inspection conducted under section 704.
``(b) Considerations.--In establishing regulations for good
manufacturing practices under this section, the Secretary shall take
into account the size and scope of the businesses engaged in the
manufacture of cosmetics, and the risks to public health posed by such
cosmetics, and provide sufficient flexibility to be practicable for all
sizes and types of facilities to which such regulations will apply.
Such regulations shall include simplified good manufacturing practice
requirements for smaller businesses, as appropriate, to ensure that
such regulations do not impose undue economic hardship for smaller
businesses, and may include longer compliance times for smaller
businesses. Before issuing regulations to implement subsection (a), the
Secretary shall consult with cosmetics manufacturers, including smaller
businesses, consumer organizations, and other experts selected by the
Secretary.
``(c) Timeframe.--The Secretary shall publish a notice of proposed
rulemaking not later than 2 years after the date of enactment of the
Modernization of Cosmetics Regulation Act of 2022 and shall publish a
final such rule not later than 3 years after such date of enactment.
``SEC. 607. REGISTRATION AND PRODUCT LISTING.
``(a) Submission of Registration.--
``(1) Initial registration.--
``(A) Existing facilities.--Every person that, on the date
of enactment of the Modernization of Cosmetics Regulation Act
of 2022, owns or operates a facility that engages in the
manufacturing or processing of a cosmetic product for
distribution in the United States shall register each facility
with the Secretary not later than 1 year after date of
enactment of such Act.
``(B) New facilities.--Every person that owns or operates a
facility that first engages, after the date of enactment of the
Modernization of Cosmetics Regulation Act of 2022, in
manufacturing or processing of a cosmetic product for
distribution in the United States, shall register with the
Secretary such facility within 60 days of first engaging in
such activity or 60 days after the deadline for registration
under subparagraph (A), whichever is later.
``(2) Biennial renewal of registration.--A person required to
register a facility under paragraph (1) shall renew such
registrations with the Secretary biennially.
``(3) Contract manufacturers.--If a facility manufactures or
processes cosmetic products on behalf of a responsible person, the
Secretary shall require only a single registration for such
facility even if such facility is manufacturing or processing its
own cosmetic products or cosmetic products on behalf of more than
one responsible person. Such single registration may be submitted
to the Secretary by such facility or any responsible person whose
products are manufactured or processed at such facility.
``(4) Updates to content.--A person that is required to
register under subsection (a)(1) shall notify the Secretary within
60 days of any changes to information required under subsection
(b)(2).
``(5) Abbreviated renewal registrations.--The Secretary shall
provide for an abbreviated registration renewal process for any
person that owns or operates a facility that has not been required
to submit updates under paragraph (4) for a registered facility
since submission of the most recent registration of such facility
under paragraph (1) or (2).
``(b) Format; Contents of Registration.--
``(1) In general.--Registration information under this section
may be submitted at such time and in such manner as the Secretary
may prescribe.
``(2) Contents.--The registration under subsection (a) shall
contain--
``(A) the facility's name, physical address, email address,
and telephone number;
``(B) with respect to any foreign facility, the contact for
the United States agent of the facility, and, if available, the
electronic contact information;
``(C) the facility registration number, if any, previously
assigned by the Secretary under subsection (d);
``(D) all brand names under which cosmetic products
manufactured or processed in the facility are sold; and
``(E) the product category or categories and responsible
person for each cosmetic product manufactured or processed at
the facility.
``(c) Cosmetic Product Listing.--
``(1) In general.--For each cosmetic product, the responsible
person shall submit to the Secretary a cosmetic product listing, or
ensure that such submission is made, at such time and in such
manner as the Secretary may prescribe.
``(2) Cosmetic product listing.--The responsible person of a
cosmetic product that is marketed on the date of enactment of the
Modernization of Cosmetics Regulation Act of 2022 shall submit to
the Secretary a cosmetic product listing not later than 1 year
after the date of enactment of the Modernization of Cosmetics
Regulation Act of 2022, or for a cosmetic product that is first
marketed after the date of enactment of such Act, within 120 days
of marketing such product in interstate commerce. Thereafter, any
updates to such listing shall be made annually, consistent with
paragraphs (4) and (5).
``(3) Abbreviated renewal.--The Secretary shall provide for an
abbreviated process for the renewal of any cosmetic product listing
under this subsection with respect to which there has been no
change since the responsible person submitted the previous listing.
``(4) Contents of listing.--
``(A) In general.--Each such cosmetic product listing shall
include--
``(i) the facility registration number of each facility
where the cosmetic product is manufactured or processed;
``(ii) the name and contact number of the responsible
person and the name for the cosmetic product, as such name
appears on the label;
``(iii) the applicable cosmetic category or categories
for the cosmetic product;
``(iv) a list of ingredients in the cosmetic product,
including any fragrances, flavors, or colors, with each
ingredient identified by the name, as required under
section 701.3 of title 21, Code of Federal Regulations (or
any successor regulations), or by the common or usual name
of the ingredient; and
``(v) the product listing number, if any previously
assigned by the Secretary under subsection (d).
``(B) Flexible listings.--A single listing submission for a
cosmetic product may include multiple cosmetic products with
identical formulations, or formulations that differ only with
respect to colors, fragrances or flavors, or quantity of
contents.
``(5) Updates to content.--A responsible person that is
required to submit a cosmetic product listing shall submit any
updates to such cosmetic product listing annually.
``(6) Submission.--A responsible person may submit product
listing information as part of a facility registration or
separately.
``(d) Facility Registration and Product Listing Numbers.--At the
time of the initial registration of any facility under subsection
(a)(1) or initial listing of any cosmetic product under (c)(1), the
Secretary shall assign a facility registration number to the facility
and a product listing number to each cosmetic product. The Secretary
shall not make such product listing number publicly available.
``(e) Confidentiality.--In response to a request under section 552
of title 5, United States Code, information described in subsection
(b)(2)(D) or (c)(4)(A)(i) that is derived from a registration or
listing under this section shall be withheld under section 552(b)(3) of
title 5, United States Code.
``(f) Suspensions.--
``(1) Suspension of registration of a facility.--The Secretary
may suspend the registration of a facility if the Secretary
determines that a cosmetic product manufactured or processed by a
registered facility and distributed in the United States has a
reasonable probability of causing serious adverse health
consequences or death to humans and the Secretary has a reasonable
belief that other products manufactured or processed by the
facility may be similarly affected because of a failure that cannot
be isolated to a product or products, or is sufficiently pervasive
to raise concerns about other products manufactured in the
facility.
``(2) Notice of suspension.--Before suspending a facility
registration under this section, the Secretary shall provide--
``(A) notice to the facility registrant of the cosmetic
product or other responsible person, as appropriate, of the
intent to suspend the facility registration, which shall
specify the basis of the determination by the Secretary that
the facility registration should be suspended; and
``(B) an opportunity, within 5 business days of the notice
provided under subparagraph (A), for the responsible person to
provide a plan for addressing the reasons for possible
suspension of the facility registration.
``(3) Hearing on suspension.--The Secretary shall provide the
registrant subject to an order under paragraph (1) or (2) with an
opportunity for an informal hearing, to be held as soon as possible
but not later than 5 business days after the issuance of the order,
or such other time period agreed upon by the Secretary and the
registrant, on the actions required for reinstatement of
registration and why the registration that is subject to the
suspension should be reinstated. The Secretary shall reinstate a
registration if the Secretary determines, based on evidence
presented, that adequate grounds do not exist to continue the
suspension of the registration.
``(4) Post-hearing corrective action plan.--If, after providing
opportunity for an informal hearing under paragraph (3), the
Secretary determines that the suspension of registration remains
necessary, the Secretary shall require the registrant to submit a
corrective action plan to demonstrate how the registrant plans to
correct the conditions found by the Secretary. The Secretary shall
review such plan not later than 14 business days after the
submission of the corrective action plan or such other time period
as determined by the Secretary, in consultation with the
registrant.
``(5) Vacating of order; reinstatement.--Upon a determination
by the Secretary that adequate grounds do not exist to continue the
suspension actions, the Secretary shall promptly vacate the
suspension and reinstate the registration of the facility.
``(6) Effect of suspension.--If the registration of the
facility is suspended under this section, no person shall introduce
or deliver for introduction into commerce in the United States
cosmetic products from such facility.
``(7) No delegation.--The authority conferred by this section
to issue an order to suspend a registration or vacate an order of
suspension shall not be delegated to any officer or employee other
than the Commissioner.
``SEC. 608. SAFETY SUBSTANTIATION.
``(a) Substantiation of Safety.--A responsible person for a
cosmetic product shall ensure, and maintain records supporting, that
there is adequate substantiation of safety of such cosmetic product.
``(b) Coal-Tar Hair Dye.--Subsection (a) shall not apply to coal-
tar hair dye that otherwise complies with the requirements of section
601(a). A responsible person for a coal-tar hair dye shall maintain
records related to the safety of such product.
``(c) Definitions.--For purposes of this section:
``(1) Adequate substantiation of safety.--The term `adequate
substantiation of safety' means tests or studies, research,
analyses, or other evidence or information that is considered,
among experts qualified by scientific training and experience to
evaluate the safety of cosmetic products and their ingredients,
sufficient to support a reasonable certainty that a cosmetic
product is safe.
``(2) Safe.--The term `safe' means that the cosmetic product,
including any ingredient thereof, is not injurious to users under
the conditions of use prescribed in the labeling thereof, or under
such conditions of use as are customary or usual. The Secretary
shall not consider a cosmetic ingredient or cosmetic product
injurious to users solely because it can cause minor and transient
reactions or minor and transient skin irritations in some users. In
determining for purposes of this section whether a cosmetic product
is safe, the Secretary may consider, as appropriate and available,
the cumulative or other relevant exposure to the cosmetic product,
including any ingredient thereof.
``SEC. 609. LABELING.
``(a) General Requirement.--Each cosmetic product shall bear a
label that includes a domestic address, domestic phone number, or
electronic contact information, which may include a website, through
which the responsible person can receive adverse event reports with
respect to such cosmetic product.
``(b) Fragrance Allergens.--The responsible person shall identify
on the label of a cosmetic product each fragrance allergen included in
such cosmetic product. Substances that are fragrance allergens for
purposes of this subsection shall be determined by the Secretary by
regulation. The Secretary shall issue a notice of proposed rulemaking
promulgating the regulation implementing this requirement not later
than 18 months after the date of enactment of the Modernization of
Cosmetics Regulation Act of 2022, and not later than 180 days after the
date on which the public comment period on the proposed rulemaking
closes, shall issue a final rulemaking. In promulgating regulations
implementing this subsection, the Secretary shall consider
international, State, and local requirements for allergen disclosure,
including the substance and format of requirements in the European
Union, and may establish threshold levels of amounts of substances
subject to disclosure pursuant to such regulations.
``(c) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--For purposes of this
subsection, the term `professional' means an individual who is
licensed by an official State authority to practice in the field of
cosmetology, nail care, barbering, or esthetics.
``(2) Professional use labeling.--A cosmetic product introduced
into interstate commerce and intended to be used only by a
professional shall bear a label that--
``(A) contains a clear and prominent statement that the
product shall be administered or used only by licensed
professionals; and
``(B) is in conformity with the requirements of the
Secretary for cosmetics labeling under this Act and section
4(a) of the Fair Packaging and Labeling Act.
``SEC. 610. RECORDS.
``(a) In General.--If the Secretary has a reasonable belief that a
cosmetic product, including an ingredient in such cosmetic product, and
any other cosmetic product that the Secretary reasonably believes is
likely to be affected in a similar manner, is likely to be adulterated
such that the use or exposure to such product presents a threat of
serious adverse health consequences or death to humans, each
responsible person and facility shall, at the request of an officer or
employee duly designated by the Secretary, permit such officer or
employee, upon presentation of appropriate credentials and a written
notice to such person, at reasonable times and within reasonable limits
and in a reasonable manner, to have access to and copy all records
relating to such cosmetic product, and to any other cosmetic product
that the Secretary reasonably believes is likely to be affected in a
similar manner, that are needed to assist the Secretary in determining
whether the cosmetic product is adulterated and presents a threat of
serious adverse health consequences or death to humans. This subsection
shall not be construed to extend to recipes or formulas for cosmetics,
financial data, pricing data, personnel data (other than data as to
qualification of technical and professional personnel performing
functions subject to this Act), research data (other than safety
substantiation data for cosmetic products and their ingredients), or
sales data (other than shipment data regarding sales).
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to inspect records or
require establishment and maintenance of records under any other
provision of this Act, including section 605 or 606.
``SEC. 611. MANDATORY RECALL AUTHORITY.
``(a) In General.--If the Secretary determines that there is a
reasonable probability that a cosmetic is adulterated under section 601
or misbranded under section 602 and the use of or exposure to such
cosmetic will cause serious adverse health consequences or death, the
Secretary shall provide the responsible person with an opportunity to
voluntarily cease distribution and recall such article. If the
responsible person refuses to or does not voluntarily cease
distribution or recall such cosmetic within the time and manner
prescribed by the Secretary (if so prescribed), the Secretary may, by
order, require, as the Secretary determines necessary, such person to
immediately cease distribution of such article.
``(b) Hearing.--The Secretary shall provide the responsible person
who is subject to an order under subsection (a) with an opportunity for
an informal hearing, to be held not later than 10 days after the date
of issuance of the order, on whether adequate evidence exists to
justify the order.
``(c) Order Resolution.--After an order is issued according to the
process under subsections (a) and (b), the Secretary shall, except as
provided in subsection (d)--
``(1) vacate the order, if the Secretary determines that
inadequate grounds exist to support the actions required by the
order;
``(2) continue the order ceasing distribution of the cosmetic
until a date specified in such order; or
``(3) amend the order to require a recall of the cosmetic,
including any requirements to notify appropriate persons, a
timetable for the recall to occur, and a schedule for updates to be
provided to the Secretary regarding such recall.
``(d) Action Following Order.--Any person who is subject to an
order pursuant to paragraph (2) or (3) of subsection (c) shall
immediately cease distribution of or recall, as applicable, the
cosmetic and provide notification as required by such order.
``(e) Notice to Persons Affected.--If the Secretary determines
necessary, the Secretary may require the person subject to an order
pursuant to subsection (a) or an amended order pursuant to paragraph
(2) or (3) of subsection (c) to provide either a notice of a recall
order for, or an order to cease distribution of, such cosmetic, as
applicable, under this section to appropriate persons, including
persons who manufacture, distribute, import, or offer for sale such
product that is the subject of an order and to the public.
``(f) Public Notification.--In conducting a recall under this
section, the Secretary shall--
``(1) ensure that a press release is published regarding the
recall, and that alerts and public notices are issued, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to whom such
cosmetic was, or may have been, distributed; and
``(B) that includes, at a minimum--
``(i) the name of the cosmetic subject to the recall;
``(ii) a description of the risk associated with such
article; and
``(iii) to the extent practicable, information for
consumers about similar cosmetics that are not affected by
the recall; and
``(2) ensure publication, as appropriate, on the website of the
Food and Drug Administration of an image of the cosmetic that is
the subject of the press release described in paragraph (1), if
available.
``(g) No Delegation.--The authority conferred by this section to
order a recall or vacate a recall order shall not be delegated to any
officer or employee other than the Commissioner.
``(h) Effect.--Nothing in this section shall affect the authority
of the Secretary to request or participate in a voluntary recall, or to
issue an order to cease distribution or to recall under any other
provision of this chapter.
``SEC. 612. SMALL BUSINESSES.
``(a) In General.--Responsible persons, and owners and operators of
facilities, whose average gross annual sales in the United States of
cosmetic products for the previous 3-year period is less than
$1,000,000, adjusted for inflation, and who do not engage in the
manufacturing or processing of the cosmetic products described in
subsection (b), shall be considered small businesses and not subject to
the requirements of section 606 or 607.
``(b) Requirements Applicable to All Manufacturers and Processors
of Cosmetics.--The exemptions under subsection (a) shall not apply to
any responsible person or facility engaged in the manufacturing or
processing of any of the following products:
``(1) Cosmetic products that regularly come into contact with
mucus membrane of the eye under conditions of use that are
customary or usual.
``(2) Cosmetic products that are injected.
``(3) Cosmetic products that are intended for internal use.
``(4) Cosmetic products that are intended to alter appearance
for more than 24 hours under conditions of use that are customary
or usual and removal by the consumer is not part of such conditions
of use that are customary or usual.
``SEC. 613. EXEMPTION FOR CERTAIN PRODUCTS AND FACILITIES.
``(a) In General.--Notwithstanding any other provision of law,
except as provided in subsection (b), a cosmetic product or facility
that is also subject to the requirements of chapter V shall be exempt
from the requirements of sections 605, 606, 607, 608, 609(a), 610, and
611.
``(b) Exception.--A facility described in subsection (a) that also
manufactures or processes cosmetic products that are not subject to the
requirements of chapter V shall not be exempt from the requirements of
sections 605, 606, 607, 608, 609(a), 610, and 611, with respect to such
cosmetic products.
``SEC. 614. PREEMPTION.
``(a) In General.--No State or political subdivision of a State may
establish or continue in effect any law, regulation, order, or other
requirement for cosmetics that is different from or in addition to, or
otherwise not identical with, any requirement applicable under this
chapter with respect to registration and product listing, good
manufacturing practice, records, recalls, adverse event reporting, or
safety substantiation.
``(b) Limitation.--Nothing in the amendments to this Act made by
the Modernization of Cosmetics Regulation Act of 2022 shall be
construed to preempt any State statute, public initiative, referendum,
regulation, or other State action, except as expressly provided in
subsection (a). Notwithstanding subsection (a), nothing in this section
shall be construed to prevent any State from prohibiting the use or
limiting the amount of an ingredient in a cosmetic product, or from
continuing in effect a requirement of any State that is in effect at
the time of enactment of the Modernization of Cosmetics Regulation Act
of 2022 for the reporting to the State of an ingredient in a cosmetic
product.
``(c) Savings.--Nothing in the amendments to this Act made by the
Modernization of Cosmetics Regulation Act of 2022, nor any standard,
rule, requirement, regulation, or adverse event report shall be
construed to modify, preempt, or displace any action for damages or the
liability of any person under the law of any State, whether statutory
or based in common law.
``(d) Rule of Construction.--Nothing in this section shall be
construed to amend, expand, or limit the provisions under section
752.''.
SEC. 3503. ENFORCEMENT AND CONFORMING AMENDMENTS.
(a) In General.--
(1) Prohibited acts.--Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331), as amended by section 3210, is
further amended--
(A) by adding at the end the following:
``(hhh) The failure to register or submit listing information in
accordance with section 607.
``(iii) The refusal or failure to follow an order under section
611.''; and
(B) in paragraph (d), by striking ``or 564'' and inserting
``, 564, or 607''.
(2) Adulterated products.--Section 601 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding at the
end the following:
``(f) If it has been manufactured or processed under conditions
that do not meet the good manufacturing practice requirements of
section 606.
``(g) If it is a cosmetic product, and the cosmetic product,
including each ingredient in the cosmetic product, does not have
adequate substantiation for safety, as defined in section 608(c).''.
(3) Misbranded cosmetics.--Section 602(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 362(b)) is amended--
(A) by striking ``and (2)'' and inserting ``(2)''; and
(B) by inserting after ``numerical count'' the following:
``; and (3) the information required under section 609''.
(4) Adverse event reporting.--The Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
(A) in section 301(e) (21 U.S.C. 331(e))--
(i) by striking ``564, 703'' and inserting ``564, 605,
703''; and
(ii) by striking ``564, 760'' and inserting ``564, 605,
611, 760'';
(B) in section 301(ii) (21 U.S.C. 331(ii))--
(i) by striking ``760 or 761) or'' and inserting ``604,
760, or 761) or''; and
(ii) by inserting ``or required under section 605(a)''
after ``report (as defined under section 760 or 761'';
(C) in section 801(a) (21 U.S.C. 381(a))--
(i) by striking ``under section 760 or 761'' and
inserting ``under section 605, 760, or 761'';
(ii) by striking ``defined in such section 760 or 761''
and inserting ``defined in section 604, 760, or 761'';
(iii) by striking ``of such section 760 or 761'' and
inserting ``of such section 605, 760, or 761''; and
(iv) by striking ``described in such section 760 or
761'' and inserting ``described in such section 605, 760,
or 761''; and
(D) in section 801(b) (21 U.S.C. 381(b))--
(i) by striking ``requirements of sections 760 or
761,'' and inserting ``requirements of section 605, 760, or
761'';
(ii) by striking ``as defined in section 760 or 761''
and inserting ``as defined in section 604, 760, or 761'';
and
(iii) by striking ``with section 760 or 761'' and
inserting ``with section 605, 760, or 761''.
(b) Effective Dates.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment
of this Act.
(2) Labeling requirement.--Section 609(a) of the Federal Food,
Drug, and Cosmetic Act, as added by section 802, shall take effect
on the date that is 2 years after the date of enactment of this
Act.
(c) Confidentiality.--
(1) In general.--The Secretary shall take appropriate measures
to ensure that there are in effect effective procedures to prevent
the unauthorized disclosure of any trade secret or confidential
commercial information that is obtained by the Secretary of Health
and Human Services pursuant to this subtitle, including the
amendments made by this subtitle.
(2) Clarification.--Nothing in this subtitle, including the
amendments made by this subtitle, shall be construed to authorize
the disclosure of information that is prohibited from disclosure
under section 301(j) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 331(j)) or section 1905 of title 18, United States Code,
or that is subject to withholding under section 552(b)(4) of title
5, United States Code.
SEC. 3504. RECORDS INSPECTION.
Section 704(a)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(a)(1)) is amended by inserting after the second sentence the
following: ``In the case of a facility (as defined in section 604) that
manufactures or processes cosmetic products, the inspection shall
extend to all records and other information described in sections 605,
606, and 610, when the standard for records inspection under such
section applies.''.
SEC. 3505. TALC-CONTAINING COSMETICS.
The Secretary of Health and Human Services--
(1) not later than one year after the date of enactment of this
Act, shall promulgate proposed regulations to establish and require
standardized testing methods for detecting and identifying asbestos
in talc-containing cosmetic products; and
(2) not later than 180 days after the date on which the public
comment period on the proposed regulations closes, shall issue such
final regulations.
SEC. 3506. PFAS IN COSMETICS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall assess the use
of perfluoroalkyl and polyfluoroalkyl substances in cosmetic products
and the scientific evidence regarding the safety of such use in
cosmetic products, including any risks associated with such use. In
conducting such assessment, the Secretary may, as appropriate, consult
with the National Center for Toxicological Research.
(b) Report.--Not later than 3 years after enactment of this Act,
the Secretary shall publish on the website of the Food and Drug
Administration a report summarizing the results of the assessment
conducted under subsection (a).
SEC. 3507. SENSE OF THE CONGRESS ON ANIMAL TESTING.
It is the sense of the Congress that animal testing should not be
used for the purposes of safety testing on cosmetic products and should
be phased out with the exception of appropriate allowances.
SEC. 3508. FUNDING.
There is authorized to be appropriated $14,200,000 for fiscal year
2023, $25,960,000 for fiscal year 2024, and $41,890,000 for each of
fiscal years 2025 through 2027, for purposes of conducting the
activities under this subtitle (including the amendments made by this
subtitle) and hiring personnel required to carry out this subtitle
(including the amendments made by this subtitle).
Subtitle F--Cross-Cutting Provisions
CHAPTER 1--CLINICAL TRIAL DIVERSITY AND MODERNIZATION
SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
(a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) is amended by adding at the end the following:
``(z)(1) With respect to a clinical investigation of a new drug
that is a phase 3 study, as defined in section 312.21(c) of title 21,
Code of Federal Regulations (or successor regulations), or, as
appropriate, another pivotal study of a new drug (other than
bioavailability or bioequivalence studies), the sponsor of such drug
shall submit to the Secretary a diversity action plan.
``(2) Such diversity action plan shall include--
``(A) the sponsor's goals for enrollment in such clinical
study;
``(B) the sponsor's rationale for such goals; and
``(C) an explanation of how the sponsor intends to meet such
goals.
``(3) The sponsor shall submit to the Secretary such diversity
action plan, in the form and manner specified by the Secretary in
guidance, as soon as practicable but not later than the date on which
the sponsor submits the protocol to the Secretary for such a phase 3
study or other pivotal study of the drug. The sponsor may submit
modifications to the diversity action plan. Any such modifications
shall be in the form and manner specified by the Secretary in guidance.
``(4)(A) On the initiative of the Secretary or at the request of a
sponsor, the Secretary may waive any requirement in paragraph (1), (2),
or (3) if the Secretary determines that a waiver is necessary based on
what is known or what can be determined about the prevalence or
incidence of the disease or condition for which the new drug is under
investigation (including in terms of the patient population that may
use the drug), if conducting a clinical investigation in accordance
with a diversity action plan would otherwise be impracticable, or if
such waiver is necessary to protect public health during a public
health emergency.
``(B) The Secretary shall issue a written response granting or
denying a request from a sponsor for a waiver within 60 days of
receiving such request.
``(5) No diversity action plan shall be required for a submission
described in section 561.''.
(b) Devices.--Section 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the end the
following:
``(9)(A)(i) The sponsor of a device for which submission of an
application for an investigational device exemption is required shall
submit to the Secretary in such application a diversity action plan for
clinical studies of the device, in the form and manner specified in
guidance issued by the Secretary.
``(ii) The sponsor of a device for which submission of an
application for an investigational device exemption is not required,
except for a device being studied as described in section 812.2(c) of
title 21, Code of Federal Regulations (or successor regulations), shall
develop a diversity action plan for any clinical study with respect to
the device. Such diversity action plan shall be submitted to the
Secretary in any premarket notification under section 510(k), request
for classification under section 513(f)(2), or application for
premarket approval under section 515 for such device.
``(B) A diversity action plan under clause (i) or (ii) of
subparagraph (A) shall include--
``(i) the sponsor's goals for enrollment in the clinical study;
``(ii) the sponsor's rationale for such goals; and
``(iii) an explanation of how the sponsor intends to meet such
goals.
``(C)(i) On the initiative of the Secretary or at the request of a
sponsor, the Secretary may waive any requirement in subparagraph (A) or
(B) if the Secretary determines that a waiver is necessary based on
what is known or can be determined about the prevalence or incidence of
the disease or condition for which the device is under investigation
(including in terms of the patient population that may use the device),
if conducting a clinical investigation in accordance with a diversity
action plan would otherwise be impracticable, or if such waiver is
necessary to protect public health during a public health emergency.
``(ii) The Secretary shall issue a written response granting or
denying a request from a sponsor for a waiver within 60 days of
receiving such request.
``(D) No diversity action plan shall be required for a submission
described in section 561.''.
SEC. 3602. GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
(a) In General.--The Secretary shall update or issue guidance
relating to--
(1) the format and content of the diversity action plans
required by sections 505(z) and 520(g)(9) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(z); 360j(g)(9)) (as amended
by section 3601) pertaining to the sponsor's goals for clinical
study enrollment, disaggregated by age group, sex, and racial and
ethnic demographic characteristics of clinically relevant study
populations, and may include characteristics such as geographic
location and socioeconomic status, including with respect to--
(A) the rationale for the sponsor's enrollment goals, which
may include--
(i) the estimated prevalence or incidence in the United
States of the disease or condition for which the drug or
device is being investigated in the relevant clinical
trial, if such estimated prevalence or incidence is known
or can be determined based on available data;
(ii) what is known about the disease or condition for
which the drug or device is being investigated;
(iii) any relevant pharmacokinetic or pharmacogenomic
data;
(iv) what is known about the patient population for
such disease or condition, including, to the extent data is
available--
(I) demographic information, which may include age
group, sex, race, geographic location, socioeconomic
status, and ethnicity;
(II) non-demographic factors, including co-
morbidities affecting the patient population; and
(III) potential barriers to enrolling diverse
participants, such as patient population size,
geographic location, and socioeconomic status; and
(v) any other data or information relevant to selecting
appropriate enrollment goals, disaggregated by demographic
subgroup, such as the inclusion of pregnant and lactating
women; and
(B) an explanation for how the sponsor intends to meet such
goals, including demographic-specific outreach and enrollment
strategies, study-site selection, clinical study inclusion and
exclusion practices, and any diversity training for study
personnel;
(2) submission of any modifications to the diversity action
plan;
(3) considerations for the public posting by a sponsor of key
information from the diversity action plan that would be useful to
patients and providers on the sponsor's website, as appropriate;
(4) criteria that the Secretary will consider in assessing
whether to grant a sponsor's request to waive the requirement to
submit a diversity action plan under section 505(z)(4) or
520(g)(9)(C) of the Federal Food, Drug, and Cosmetic Act (as
amended by section 3601); and
(5) how sponsors may include in regular reports otherwise
required by the Secretary--
(A) the sponsor's progress in meeting the goals referred to
in paragraph (1)(A); and
(B) any updates needed to be made to a diversity action
plan referred to in paragraph (1) to help meet goals referred
to in paragraph (1)(A); and
(C) if the sponsor does not expect to meet goals referred
to in paragraph (1)(A), the sponsor's reasons for why the
sponsor does not expect to meet such goals.
(b) Issuance.--The Secretary shall--
(1) not later than 12 months after the date of enactment of
this Act, issue new draft guidance or update existing draft
guidance described in subsection (a); and
(2) not later than 9 months after closing the comment period on
such draft guidance, finalize such guidance.
(c) Applicability.--Sections 505(z) and 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601, shall apply
only with respect to clinical investigations for which enrollment
commences after the date that is 180 days after the publication of
final guidance required under this section.
SEC. 3603. PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY DIVERSITY.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary, in consultation with drug
sponsors, medical device sponsors, clinical research organizations,
academia, patients, and other stakeholders, shall convene one or more
public workshops to solicit input from stakeholders on increasing the
enrollment of historically underrepresented populations in clinical
studies and encouraging clinical study participation that reflects the
prevalence of the disease or condition among demographic subgroups,
where appropriate, and other topics, including--
(1) how and when to collect and present the prevalence or
incidence data on a disease or condition by demographic subgroup,
including possible sources for such data and methodologies for
assessing such data;
(2) considerations for the dissemination, as appropriate, after
approval, of information to the public on clinical study enrollment
demographic data;
(3) the establishment of goals for enrollment in clinical
trials, including the relevance of the estimated prevalence or
incidence, as applicable, in the United States of the disease or
condition for which the drug or device is being developed; and
(4) approaches to support inclusion of underrepresented
populations and to encourage clinical study participation that
reflects the population expected to use the drug or device under
study, including with respect to--
(A) the establishment of inclusion and exclusion criteria
for certain subgroups, such as pregnant and lactating women and
individuals with disabilities, including intellectual or
developmental disabilities or mental illness;
(B) considerations regarding informed consent with respect
to individuals with intellectual or developmental disabilities
or mental illness, including ethical and scientific
considerations;
(C) the appropriate use of decentralized trials or digital
health tools;
(D) clinical endpoints;
(E) biomarker selection; and
(F) studying analysis.
(b) Public Docket.--The Secretary shall establish a public comment
period to receive written comments related to the topics addressed
during each public workshop convened under this section. The public
comment period shall remain open for 60 days following the date on
which each public workshop is convened.
(c) Report.--Not later than 180 days after the close of the public
comment period for each public workshop convened under this section,
the Secretary shall make available on the public website of the Food
and Drug Administration a report on the topics discussed at such
workshop. The report shall include a summary of topics and responses to
any recommendations raised in such workshop.
SEC. 3604. ANNUAL SUMMARY REPORT ON PROGRESS TO INCREASE DIVERSITY IN
CLINICAL STUDIES.
(a) In General.--Beginning not later than 2 years after the date of
enactment of this Act, and each year thereafter, the Secretary shall
submit to the Congress, and publish on the public website of the Food
and Drug Administration, a report that--
(1) summarizes, in aggregate, the diversity action plans
received pursuant to section 505(z) or 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act, as added by section 3601; and
(2) contains information, in the aggregate, on--
(A) for drugs, biological products, and devices approved,
licensed, cleared, or classified under section 505, 515,
510(k), or 513(f)(2) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355; 360e; 360(k); and 360(f)(2)), or section
351(a) of the Public Health Service Act (42 U.S.C. 262(a)),
whether the clinical studies conducted with respect to such
applications met the demographic subgroup enrollment goals from
the diversity action plan submitted for such applications; and
(B) the reasons provided, if any, for why enrollment goals
from submitted diversity action plans were not met.
(b) Confidentiality.--Nothing in this section shall be construed as
authorizing the Secretary to disclose any information that is a trade
secret or confidential information subject to section 552(b)(4) of
title 5, United States Code, or section 1905 of title 18, United States
Code.
SEC. 3605. PUBLIC MEETING ON CLINICAL STUDY FLEXIBILITIES INITIATED IN
RESPONSE TO COVID-19 PANDEMIC.
(a) In General.--Not later than 180 days after the date on which
the COVID-19 emergency period ends, the Secretary shall convene a
public meeting to discuss the recommendations provided by the Food and
Drug Administration during the COVID-19 emergency period to mitigate
disruption of clinical studies, including recommendations detailed in
the guidance entitled ``Conduct of Clinical Trials of Medical Products
During the COVID-19 Public Health Emergency, Guidance for Industry,
Investigators, and Institutional Review Boards'', as updated on August
8, 2021, and by any subsequent updates to such guidance. The Secretary
shall invite to such meeting representatives from the pharmaceutical
and medical device industries who sponsored clinical studies during the
COVID-19 emergency period and organizations representing patients.
(b) Topics.--Not later than 90 days after the date on which the
public meeting under subsection (a) is convened, the Secretary shall
make available on the public website of the Food and Drug
Administration a report on the topics discussed at such meeting. Such
topics shall include discussion of--
(1) the actions sponsors took to utilize such recommendations
and the frequency at which such recommendations were employed;
(2) the characteristics of the sponsors, studies, and patient
populations impacted by such recommendations;
(3) a consideration of how recommendations intended to mitigate
disruption of clinical studies during the COVID-19 emergency
period, including any recommendations to consider decentralized
clinical studies when appropriate, may have affected access to
clinical studies for certain patient populations, especially
unrepresented or underrepresented racial and ethnic minorities; and
(4) recommendations for incorporating certain clinical study
disruption mitigation recommendations into current or additional
guidance to improve clinical study access and enrollment of diverse
patient populations.
(c) COVID-19 Emergency Period Defined.--In this section, the term
``COVID-19 emergency period'' has the meaning given the term
``emergency period'' in section 1135(g)(1)(B) of the Social Security
Act (42 U.S.C. 1320b-5(g)(1)(B)).
SEC. 3606. DECENTRALIZED CLINICAL STUDIES.
(a) Guidance.--The Secretary shall--
(1) not later than 1 year after the date of enactment of this
Act, issue or revise draft guidance that includes recommendations
to clarify and advance the use of decentralized clinical studies to
support the development of drugs and devices, including
recommendations for how to advance the use of flexible and novel
clinical trial designs and to help improve trial participant
engagement, recruitment, enrollment, and retention of a
meaningfully diverse clinical population, including with respect to
race, ethnicity, age, sex, and geographic location, when
appropriate; and
(2) not later than 1 year after closing the comment period on
such draft guidance, finalize such guidance.
(b) Content of Guidance.--The guidance under subsection (a) shall
address the following:
(1) Recommendations related to digital health technology or
other assessment options, such as telehealth, local laboratories,
local health care providers, or other options for remote data
collection, could support decentralized clinical studies, including
guidance on considerations for selecting technological platforms
and mediums, data collection and use, data integrity and security,
and communication to study participants through digital technology.
(2) Recommendations for subject recruitment, retention, and
engagement, including considerations for sponsors to minimize or
reduce burdens for clinical study participants through the use of
digital health technology, telehealth, local health care providers
and laboratories, health care provider home visits, direct-to-
participant engagement, electronic informed consent, or other
means, as appropriate.
(3) Recommendations with respect to the evaluation of data
collected within a decentralized clinical study setting.
(4) Recommendations for methods of remote data collection,
including clinical trial participant experience data, through the
use of digital health technologies, telemedicine, local
laboratories, local health care providers, or other options for
data collection.
(5) Considerations for sponsors to minimize or reduce burdens
for clinical trial participants associated with participating in a
clinical trial, such as the use of digital technologies,
telemedicine, local laboratories, local health care providers, or
other data collection or assessment options, health care provider
home visits, direct-to-participant shipping of investigational
drugs and devices, and electronic informed consent, as appropriate.
(6) Recommendations regarding conducting decentralized clinical
trials to facilitate and encourage meaningful diversity among
clinical trial participants, including with respect to race,
ethnicity, age, sex, and geographic location, as appropriate.
(7) Recommendations for strategies and methods for recruiting,
retaining, and engaging with clinical trial participants, including
communication regarding the role of clinical trial participants and
community partners to facilitate clinical trial recruitment and
engagement, including with respect to diverse and underrepresented
populations, as appropriate.
(8) Considerations for review and oversight by sponsors and
institutional review boards, including remote trial oversight.
(9) Recommendations for decentralized clinical trial protocol
designs and processes for evaluating such proposed clinical trial
designs.
(10) Recommendations related to digital health technology and
other remote assessment tools that may support decentralized
clinical trials, including guidance on appropriate technological
platforms and tools, data collection and use, data integrity, and
communication to clinical trial participants through such
technology.
(11) A description of the manner in which the Secretary will
assess or evaluate data collected within a decentralized clinical
trial to support the development of the drug or device, if the
manner is different from that used for a nondecentralized trial.
(12) Considerations for sponsors to validate digital
technologies and establish appropriate clinical endpoints for use
in decentralized trials.
(13) Considerations for privacy and security of personally
identifiable information of trial participants.
(14) Considerations for conducting clinical trials using
centralized approaches in conjunction with decentralized
approaches.
(c) Definition.--In this section, the term ``decentralized clinical
study'' means a clinical study in which some or all of the study-
related activities occur at a location separate from the investigator's
location.
SEC. 3607. MODERNIZING CLINICAL TRIALS.
(a) Clarifying the Use of Digital Health Technologies in Clinical
Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise draft
guidance regarding the appropriate use of digital health
technologies in clinical trials to help improve recruitment for,
retention in, participation in, and data collection during,
clinical trials, and provide for novel clinical trial designs
utilizing such technology for purposes of supporting the
development of, and review of applications for, drugs and devices.
Not later than 18 months after the public comment period on such
draft guidance ends, the Secretary shall issue a revised draft
guidance or final guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations for data collection methodologies by
which sponsors may incorporate the use of digital health
technologies in clinical trials to collect data remotely from
trial participants;
(B) considerations for privacy and security protections for
data collected during a clinical trial, including--
(i) recommendations for the protection of trial
participant data that are collected or used in research
using digital health technologies;
(ii) compliance with the regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note),
subpart B of part 50 of title 21, Code of Federal
Regulations, subpart C of part 56 of title 21, Code of
Federal Regulations, the Federal policy for the protection
of human subjects under subpart A of part 46 of title 45,
Code of Federal Regulations (commonly known as the ``Common
Rule''), and part 2 of title 42, Code of Federal
Regulations (or any successor regulations); and
(iii) recommendations for the protection of clinical
trial participant data against cybersecurity threats, as
applicable;
(C) considerations on data collection methods to help
increase recruitment of clinical trial participants and the
level of participation of such participants, reduce burden on
clinical trial participants, and optimize data quality;
(D) recommendations for the use of electronic methods to
obtain informed consent from clinical trial participants,
taking into consideration applicable Federal law, including
subpart B of part 50 of title 21, Code of Federal Regulations
(or successor regulations), and, as appropriate, State law;
(E) best practices for communication between sponsors and
the Secretary on the development of data collection methods;
(F) the appropriate format to submit such data to the
Secretary;
(G) a description of the manner in which the Secretary may
assess or evaluate data collected through digital health
technologies to support the development of the drug or device;
(H) recommendations regarding the data and information
needed to demonstrate that a digital health technology is fit-
for-purpose for a clinical trial, and a description of how the
Secretary will evaluate such data and information; and
(I) recommendations for increasing access to, and the use
of, digital health technologies in clinical trials to
facilitate the inclusion of diverse and underrepresented
populations, as appropriate, including considerations for
access to, and the use of, digital health technologies in
clinical trials by people with disabilities and pediatric
populations.
(b) Seamless and Concurrent Clinical Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise draft
guidance on the use of seamless, concurrent, and other innovative
clinical trial designs to support the expedited development and
review of applications for drugs, as appropriate. Not later than 18
months after the public comment period on such draft guidance ends,
the Secretary shall issue a revised draft guidance or final
guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations on the use of expansion cohorts and
other seamless clinical trial designs to assess different
aspects of product candidates in one continuous trial,
including how such clinical trial designs can be used as part
of meeting the substantial evidence standard under section
505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(d));
(B) recommendations on the use of clinical trial designs
that involve the concurrent conduct of different or multiple
clinical trial phases, and the concurrent conduct of
preclinical testing, to expedite the development of new drugs
and facilitate the timely collection of data;
(C) recommendations for how to streamline trial logistics
and facilitate the efficient collection and analysis of
clinical trial data, including any planned interim analyses and
how such analyses could be used to streamline the product
development and review processes;
(D) considerations to assist sponsors in ensuring the
rights, safety, and welfare of clinical trial participants,
maintaining compliance with good clinical practice regulations,
minimizing risks to clinical trial data integrity, and ensuring
the reliability of clinical trial results;
(E) recommendations for communication between sponsors and
the Food and Drug Administration on the development of
seamless, concurrent, or other adaptive clinical trial designs,
including review of, and feedback on, clinical trial protocols;
and
(F) a description of the manner in which the Secretary will
assess or evaluate data collected through seamless, concurrent,
or other adaptive clinical trial designs to support the
development of drugs.
(c) International Harmonization.--The Secretary shall, as
appropriate, work with foreign regulators pursuant to memoranda of
understanding or other arrangements governing the exchange of
information to facilitate international harmonization of the regulation
and use of decentralized clinical trials, digital technology in
clinical trials, and seamless, concurrent, and other adaptive or
innovative clinical trial designs.
CHAPTER 2--INSPECTIONS
SEC. 3611. DEVICE INSPECTIONS.
(a) In General.--Section 704(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(a)(1)) is amended by striking ``restricted
devices'' each place it appears and inserting ``devices''.
(b) Records or Other Information.--
(1) Establishments.--Section 704(a)(4)(A) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)(A)) is amended--
(A) by striking ``an establishment that is engaged in the
manufacture, preparation, propagation, compounding, or
processing of a drug'' and inserting ``an establishment that is
engaged in the manufacture, preparation, propagation,
compounding, or processing of a drug or device, or a site or
facility that is subject to inspection under paragraph
(5)(C),''; and
(B) by striking ``records requested.'' and inserting the
following: ``records or other information requested and a
rationale for requesting such records or other information in
advance of, or in lieu of, an inspection.''.
(2) Guidance.--
(A) In general.--The Secretary shall issue or update
guidance describing--
(i) circumstances in which the Secretary intends to
issue requests for records or other information in advance
of, or in lieu of, an inspection under section 704(a)(4) of
the Federal Food, Drug, and Cosmetic Act, as amended by
paragraph (1);
(ii) processes for responding to such requests
electronically or in physical form; and
(iii) factors the Secretary intends to consider in
evaluating whether such records and other information are
provided within a reasonable timeframe, within reasonable
limits, and in a reasonable manner, accounting for resource
and other limitations that may exist, including for small
businesses.
(B) Timing.--The Secretary shall--
(i) not later than 1 year after the date of enactment
of this Act, issue draft guidance under subparagraph (A);
and
(ii) not later than 1 year after the close of the
comment period for such draft guidance, issue final
guidance under subparagraph (A).
SEC. 3612. BIORESEARCH MONITORING INSPECTIONS.
(a) In General.--Section 704(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(a)) is amended by adding at the end the
following:
``(5)(A) The Secretary may, to ensure the accuracy and reliability
of studies and records or other information described in subparagraph
(B) and to assess compliance with applicable requirements under this
Act or the Public Health Service Act, enter sites and facilities
specified in subparagraph (C) in order to inspect such records or other
information.
``(B) An inspection under this paragraph shall extend to all
records and other information related to the studies and submissions
described in subparagraph (E), including records and information
related to the conduct, results, and analyses of, and the protection of
human and animal trial participants participating in, such studies.
``(C)(i) The sites and facilities subject to inspection by the
Secretary under this paragraph are those owned or operated by a person
described in clause (ii) and which are (or were) utilized by such
person in connection with--
``(I) developing an application or other submission to the
Secretary under this Act or the Public Health Service Act related
to marketing authorization for a product described in paragraph
(1);
``(II) preparing, conducting, or analyzing the results of a
study described in subparagraph (E); or
``(III) holding any records or other information described in
subparagraph (B).
``(ii) A person described in this clause is--
``(I) the sponsor of an application or submission specified in
subparagraph (E);
``(II) a person engaged in any activity described in clause (i)
on behalf of such a sponsor, through a contract, grant, or other
business arrangement with such sponsor;
``(III) an institutional review board, or other individual or
entity, engaged by contract, grant, or other business arrangement
with a nonsponsor in preparing, collecting, or analyzing records or
other information described in subparagraph (B); or
``(IV) any person not otherwise described in this clause that
conducts, or has conducted, a study described in subparagraph (E)
yielding records or other information described in subparagraph
(B).
``(D)(i) Subject to clause (ii), an entity that owns or operates
any site or facility subject to inspection under this paragraph shall
provide the Secretary with access to records and other information
described in subparagraph (B) that is held by or under the control of
such entity, including--
``(I) permitting the Secretary to record or copy such
information for purposes of this paragraph;
``(II) providing the Secretary with access to any electronic
information system utilized by such entity to hold, process,
analyze, or transfer any records or other information described in
subparagraph (B); and
``(III) permitting the Secretary to inspect the facilities,
equipment, written procedures, processes, and conditions through
which records or other information described in subparagraph (B) is
or was generated, held, processed, analyzed, or transferred.
``(ii) Nothing in clause (i) shall negate, supersede, or otherwise
affect the applicability of provisions, under this or any other Act,
preventing or limiting the disclosure of confidential commercial
information or other information considered proprietary or trade
secret.
``(iii) An inspection under this paragraph shall be conducted at
reasonable times and within reasonable limits and in a reasonable
manner.
``(E) The studies and submissions described in this subparagraph
are each of the following:
``(i) Clinical and nonclinical studies submitted to the
Secretary in support of, or otherwise related to, applications and
other submissions to the Secretary under this Act or the Public
Health Service Act for marketing authorization of a product
described in paragraph (1).
``(ii) Postmarket safety activities conducted under this Act or
the Public Health Service Act.
``(iii) Any other clinical investigation of--
``(I) a drug subject to section 505 or 512 of this Act or
section 351 of the Public Health Service Act; or
``(II) a device subject to section 520(g).
``(iv) Any other submissions made under this Act or the Public
Health Service Act with respect to which the Secretary determines
an inspection under this paragraph is warranted in the interest of
public health.
``(F) This paragraph clarifies the authority of the Secretary to
conduct inspections of the type described in this paragraph and shall
not be construed as a basis for inferring that, prior to the date of
enactment of this paragraph, the Secretary lacked the authority to
conduct such inspections, including under this Act or the Public Health
Service Act.''.
(b) Review of Processes and Practices; Guidance for Industry.--
(1) In general.--The Secretary shall--
(A) review processes and practices in effect as of the date
of enactment of this Act applicable to inspections of foreign
and domestic sites and facilities described in subparagraph
(C)(i) of section 704(a)(5) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a); and
(B) evaluate whether any updates are needed to facilitate
the consistency of such processes and practices.
(2) Guidance.--
(A) In general.--The Secretary shall issue guidance
describing the processes and practices applicable to
inspections of sites and facilities described in subparagraph
(C)(i) of section 704(a)(5) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), including with
respect to the types of records and information required to be
provided, best practices for communication between the Food and
Drug Administration and industry in advance of or during an
inspection or request for records or other information, and
other inspections-related conduct, to the extent not specified
in existing publicly available Food and Drug Administration
guides and manuals for such inspections.
(B) Timing.--The Secretary shall--
(i) not later than 18 months after the date of
enactment of this Act, issue draft guidance under
subparagraph (A); and
(ii) not later than 1 year after the close of the
public comment period for such draft guidance, issue final
guidance under subparagraph (A).
SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.
(a) Risk Factors for Establishments.--Section 510(h)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)(4)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G); and
(2) by inserting after subparagraph (E) the following:
``(F) The compliance history of establishments in the
country or region in which the establishment is located that
are subject to regulation under this Act, including the history
of violations related to products exported from such country or
region that are subject to such regulation.''.
(b) Use of Records.--Section 704(a)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
``(C) The Secretary may rely on any records or other information
that the Secretary may inspect under this section to satisfy
requirements that may pertain to a preapproval or risk-based
surveillance inspection, or to resolve deficiencies identified during
such inspections, if applicable and appropriate.''.
(c) Recognition of Foreign Government Inspections.--Section 809 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) is amended--
(1) in subsection (a)(1), by inserting ``preapproval or''
before ``risk-based inspections''; and
(2) by adding at the end the following:
``(c) Periodic Review.--
``(1) In general.--Beginning not later than 1 year after the
date of the enactment of the Food and Drug Omnibus Reform Act of
2022, the Secretary shall periodically assess whether additional
arrangements and agreements with a foreign government or an agency
of a foreign government, as allowed under this section, are
appropriate.
``(2) Reports to congress.--Beginning not later than 4 years
after the date of the enactment of the Food and Drug Omnibus Reform
Act of 2022, and every 4 years thereafter, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report describing the findings and
conclusions of each review conducted under paragraph (1).''.
SEC. 3614. GAO REPORT ON INSPECTIONS OF FOREIGN ESTABLISHMENTS
MANUFACTURING DRUGS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on inspections conducted by--
(1) the Secretary of foreign establishments pursuant to
subsections (h) and (i) of section 510 and section 704 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360; 374); or
(2) a foreign government or an agency of a foreign government
pursuant to section 809 of such Act (21 U.S.C. 384e).
(b) Contents.--The report conducted under subsection (a) shall
include--
(1) what alternative tools, including remote inspections or
remote evaluations, other countries are utilizing to facilitate
inspections of foreign establishments;
(2) how frequently trusted foreign regulators conduct
inspections of foreign facilities that could be useful to the Food
and Drug Administration to review in lieu of its own inspections;
(3) how frequently and under what circumstances, including for
what types of inspections, the Secretary utilizes existing
agreements or arrangements under section 809 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 384e) and whether the use of such
agreements could be appropriately expanded;
(4) whether the Secretary has accepted reports of inspections
of facilities in China and India conducted by entities with which
they have entered into such an agreement or arrangement;
(5) what additional foreign governments or agencies of foreign
governments the Secretary has considered entering into a mutual
recognition agreement with and, if applicable, reasons why the
Secretary declined to enter into a mutual recognition agreement
with such foreign governments or agencies;
(6) what tools, if any, the Secretary used to facilitate
inspections of domestic facilities that could also be effectively
utilized to appropriately inspect foreign facilities;
(7) what steps the Secretary has taken to identify and evaluate
tools and strategies the Secretary may use to continue oversight
with respect to inspections when in-person inspections are
disrupted;
(8) how the Secretary is considering incorporating alternative
tools into the inspection activities conducted pursuant to the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and
(9) what steps the Secretary has taken to identify and evaluate
how the Secretary may use alternative tools to address workforce
shortages to carry out such inspection activities.
SEC. 3615. UNANNOUNCED FOREIGN FACILITY INSPECTIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program under
which the Secretary increases the conduct of unannounced surveillance
inspections of foreign human drug establishments and evaluates the
differences between such inspections of domestic and foreign human drug
establishments, including the impact of announcing inspections to
persons who own or operate foreign human drug establishments in advance
of an inspection. Such pilot program shall evaluate--
(1) differences in the number and type of violations of section
501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351(a)(2)(B)) identified as a result of unannounced and announced
inspections of foreign human drug establishments and any other
significant differences between each type of inspection;
(2) costs and benefits associated with conducting announced and
unannounced inspections of foreign human drug establishments;
(3) barriers to conducting unannounced inspections of foreign
human drug establishments and any challenges to achieving parity
between domestic and foreign human drug establishment inspections;
and
(4) approaches for mitigating any negative effects of
conducting announced inspections of foreign human drug
establishments.
(b) Pilot Program Scope.--The inspections evaluated under the pilot
program under this section shall be routine surveillance inspections
and shall not include inspections conducted as part of the Secretary's
evaluation of a request for approval to market a drug submitted under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the
Public Health Service Act (42 U.S.C. 201 et seq.).
(c) Pilot Program Initiation.--The Secretary shall initiate the
pilot program under this section not later than 180 days after the date
of enactment of this Act.
(d) Report.--The Secretary shall, not later than 180 days following
the completion of the pilot program under this section, make available
on the website of the Food and Drug Administration a final report on
the pilot program under this section, including--
(1) findings and any associated recommendations with respect to
the evaluation under subsection (a), including any recommendations
to address identified barriers to conducting unannounced
inspections of foreign human drug establishments;
(2) findings and any associated recommendations regarding how
the Secretary may achieve parity between domestic and foreign human
drug inspections; and
(3) the number of unannounced inspections during the pilot
program that would not be unannounced under practices in use as of
the date of the enactment of this Act.
SEC. 3616. ENHANCING COORDINATION AND TRANSPARENCY ON INSPECTIONS.
(a) Coordination.--Section 506D of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356d) is amended--
(1) by adding at the end the following:
``(g) Coordination.--The Secretary shall ensure timely and
effective internal coordination and alignment among the field
investigators of the Food and Drug Administration and the staff of the
Center for Drug Evaluation and Research's Office of Compliance and Drug
Shortage Program regarding--
``(1) the reviews of reports shared pursuant to section
704(b)(2); and
``(2) any feedback or corrective or preventive actions in
response to such reports.''; and
(2) by amending subsection (f) to read as follows:
``(f) Temporary Sunset.--Subsection (a) shall cease to be effective
on the date that is 5 years after the date of enactment of the Food and
Drug Administration Safety and Innovation Act. Subsections (b), (c),
and (e) shall not be in effect during the period beginning 5 years
after the date of enactment of the Food and Drug Administration Safety
and Innovation Act and ending on the date of enactment of the Food and
Drug Omnibus Reform Act of 2022. Subsections (b), (c), and (e) shall be
in effect beginning on the date of enactment of the Food and Drug
Omnibus Reform Act of 2022.''.
(b) Reporting.--
(1) Amendments.--Section 506C-1(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c-1(a)) is amended--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(B) by inserting after paragraph (2) the following:
``(3) describes the coordination and alignment activities
undertaken pursuant to section 506D(g);
``(4) provides the number of reports that were required under
section 704(b)(2) to be sent to the appropriate offices of the Food
and Drug Administration with expertise regarding drug shortages,
and the number of such reports that were sent;''; and
(C) in paragraph (5)(A), as so redesignated, by striking
``paragraph (7)'' and inserting ``paragraph (9)''.
(2) Applicability.--The amendments made by paragraph (1) shall
apply with respect to reports submitted under section 506C-1 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1) on or after
March 31, 2024.
(c) Reporting of Mutual Recognition Agreements for Inspections and
Review Activities.--Section 510(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(h)) is amended--
(1) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by striking
``Beginning in 2014, not'' and inserting ``Not'';
(B) by amending subparagraph (A) to read as follows:
``(A)(i) the number of domestic and foreign establishments
registered pursuant to this section in the previous fiscal
year;
``(ii) the number of such registered establishments in each
region of interest;
``(iii) the number of such domestic establishments and the
number of such foreign establishments, including the number of
establishments in each region of interest, that the Secretary
inspected in the previous fiscal year;
``(iv) the number of inspections to support actions by the
Secretary on applications under section 505 of this Act or
section 351 of the Public Health Service Act, including the
number of inspections to support actions by the Secretary on
supplemental applications, including changes to manufacturing
processes, the Secretary conducted in the previous fiscal year;
``(v) the number of routine surveillance inspections the
Secretary conducted in the previous fiscal year, including in
each region of interest;
``(vi) the number of for-cause inspections the Secretary
conducted in the previous fiscal year, not including
inspections described in clause (iv), including in each region
of interest; and
``(vii) the number of inspections the Secretary has
recognized pursuant to an agreement entered into pursuant to
section 809, or otherwise recognized, for each of the types of
inspections described in clauses (v) and (vi), including for
inspections of establishments in each region of interest.'';
(C) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(D) in subparagraph (C), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(D) the status of the efforts of the Food and Drug
Administration to expand its recognition of inspections
conducted or recognized by foreign regulatory authorities under
section 809, including any obstacles to expanding the use of
such recognition.''; and
(2) by adding at the end the following:
``(7) Region of interest.--For purposes of paragraph (6)(A),
the term `region of interest' means a foreign geographic region or
country, including the People's Republic of China, India, the
European Union, the United Kingdom, and any other country or
geographic region, as the Secretary determines appropriate.''.
SEC. 3617. ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION
TIMELINES.
Section 902 of the FDA Reauthorization Act of 2017 (21 U.S.C. 355
note) is amended to read as follows:
``SEC. 902. ANNUAL REPORT ON INSPECTIONS.
``Not later than 120 days after the end of each fiscal year, the
Secretary of Health and Human Services shall post on the website of the
Food and Drug Administration information related to inspections of
facilities necessary for approval of a drug under subsection (c) or (j)
of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or approval of a device under section 515 of such Act (21 U.S.C.
360e) that were conducted during the previous fiscal year. Such
information shall include the following:
``(1) The median time following a request from staff of the
Food and Drug Administration reviewing an application or report to
the beginning of the inspection, including--
``(A) the median time for drugs described in
505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(11)(A)(i));
``(B) the median time for drugs for which a notification
has been submitted in accordance with section 506C(a) of such
Act (21 U.S.C. 356c(a)) during the previous fiscal year; and
``(C) the median time for drugs on the drug shortage list
in effect under section 506E of such Act (21 U.S.C. 356e) at
the time of such request.
``(2) The median time from the issuance of a report pursuant to
section 704(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(b)) to the sending of a warning letter, issuance of an
import alert, or holding of a regulatory meeting for inspections
for which the Secretary concluded that regulatory or enforcement
action was indicated, including the median time for each category
of drugs listed in subparagraphs (A) through (C) of paragraph (1).
``(3) The median time from the sending of a warning letter,
issuance of an import alert, or holding of a regulatory meeting
related to conditions observed by the Secretary during an
inspection, to the time at which the Secretary concludes that
corrective actions to resolve such conditions have been taken.
``(4) The number of facilities that failed to implement
adequate corrective or preventive actions following a report issued
pursuant to such section 704(b), resulting in a withhold
recommendation for an application under review, including the
number of such facilities manufacturing each category of drugs
listed in subparagraphs (A) through (C) of paragraph (1).''.
CHAPTER 3--MISCELLANEOUS
SEC. 3621. REGULATION OF CERTAIN PRODUCTS AS DRUGS.
Section 503 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353) is amended by adding at the end the following:
``(h)(1) Any contrast agent, radioactive drug, or OTC monograph
drug shall be deemed to be a drug under section 201(g) and not a device
under section 201(h).
``(2) For purposes of this subsection:
``(A) The term `contrast agent' means an article that is
intended for use in conjunction with a medical imaging device,
and--
``(i) is a diagnostic radiopharmaceutical, as defined in
sections 315.2 and 601.31 of title 21, Code of Federal
Regulations (or any successor regulations); or
``(ii) is a diagnostic agent that improves the
visualization of structure or function within the body by
increasing the relative difference in signal intensity within
the target tissue, structure, or fluid.
``(B) The term `radioactive drug' has the meaning given such
term in section 310.3(n) of title 21, Code of Federal Regulations
(or any successor regulations), except that such term does not
include--
``(i) an implant or article similar to an implant;
``(ii) an article that applies radiation from outside of
the body; or
``(iii) the radiation source of an article described in
clause (i) or (ii).
``(C) The term `OTC monograph drug' has the meaning given such
term in section 744L.
``(3) Nothing in this subsection shall be construed as allowing for
the classification of a product as a drug (as defined in section
201(g)) if such product--
``(A) is not described in paragraph (1); and
``(B) meets the definition of a device under section 201(h),
unless another provision of this Act otherwise indicates a different
classification.
``(4) The Secretary shall waive the application fee under sections
736 and 744B for applications for drugs that are--
``(A) on the date of enactment of the Prescription Drug User
Fee Amendments of 2022, legally marketed as devices; and
``(B) deemed drugs pursuant to paragraph (1)''.
SEC. 3622. WOMEN'S HEALTH RESEARCH ROADMAP.
Not later than 2 years after the date of enactment of this Act, the
Office of Women's Health of the Food and Drug Administration,
established under section 1011 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 399b), shall--
(1) review and, as appropriate, update the Women's Health
Research Roadmap issued in December 2015; and
(2) brief the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of
the House of Representatives on the review and, as appropriate, any
resulting update.
SEC. 3623. STRATEGIC WORKFORCE PLAN AND REPORT.
Chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
371 et seq.) is amended by inserting after section 714A the following:
``SEC. 714B. STRATEGIC WORKFORCE PLAN AND REPORT.
``(a) In General.--Not later than September 30, 2023, and at least
every 4 years thereafter, the Secretary shall develop, begin
implementation of, and submit to the appropriate committees of Congress
and post on the website of the Food and Drug Administration, a
coordinated strategy and report to provide direction for the activities
and programs of the Secretary to recruit, hire, train, develop, and
retain the workforce needed to fulfill the public health mission of the
Food and Drug Administration, including to facilitate collaboration
across centers, to keep pace with new biomedical, technological, and
scientific advancements, and support the development, review, and
regulation of medical products. Each such report shall be known as the
`Food and Drug Administration Strategic Workforce Plan'.
``(b) Use of the Food and Drug Administration Strategic Workforce
Plan.--Each center within the Food and Drug Administration shall
develop and update, as appropriate, a strategic plan that will be
informed by the Food and Drug Administration Strategic Workforce Plans
developed under subsection (a).
``(c) Contents of the Food and Drug Administration Strategic
Workforce Plan.--Each Food and Drug Administration Strategic Workforce
Plan under subsection (a) shall--
``(1) include agency-wide human capital strategic goals and
priorities for recruiting, hiring, training, developing, and
retaining a qualified workforce for the Food and Drug
Administration;
``(2) establish specific actions the Secretary will take to
achieve such strategic goals and priorities and address the
workforce needs of the Food and Drug Administration in the
forthcoming fiscal years;
``(3) identify challenges and risks the Secretary will face in
meeting its strategic goals and priorities, and the actions the
Secretary will take to overcome those challenges and mitigate those
risks;
``(4) establish performance measures, benchmarks, or other
elements that the Secretary will use to measure and evaluate
progress in achieving such strategic goals and priorities and the
effectiveness of such strategic goals and priorities; and
``(5) define functions, capabilities, and gaps in such
workforce and identify strategies to recruit, hire, train, develop,
and retain such workforce.
``(d) Considerations.--In developing each Food and Drug
Administration Strategic Workforce Plan under subsection (a), the
Secretary shall consider--
``(1) the number of employees (including senior leadership and
non-senior leadership employees) eligible for retirement, the
expertise of such employees, and the employing center of such
employees;
``(2) the vacancy and turnover rates for employees with
different types of expertise and from different centers, including
any changes or trends related to such rates;
``(3) the results of the Federal Employee Viewpoint Survey for
employees of the Food and Drug Administration, including any
changes or trends related to such results;
``(4) rates of pay for different types of positions, including
rates for different types of expertise within the same field (such
as differences in pay between different medical specialists), and
how such rates of pay impact the ability of the Secretary to
achieve the strategic goals and priorities described in subsection
(c);
``(5) the statutory hiring authorities used to hire Food and
Drug Administration employees, and the time to hire across
different hiring authorities; and
``(6) any other timely and relevant information, as the
Secretary determines appropriate.
``(e) Evaluation of Progress.--Each Food and Drug Administration
Strategic Workforce Plan issued pursuant to subsection (a), with the
exception of the first such Food and Drug Administration Strategic
Workforce Plan, shall include an evaluation of--
``(1) the progress the Secretary has made, based on the
performance measures, benchmarks, and other elements that measure
successful recruitment, hiring, training, development, and
retention activities; and
``(2) whether actions taken in response to the Plan improved
the capacity of the Food and Drug Administration to achieve the
strategic goals and priorities described in subsection (c)(1).
``(f) Additional Considerations.--The Food and Drug Administration
Strategic Workforce Plan issued in fiscal year 2023 shall address the
effect of the COVID-19 pandemic on hiring, retention, and other
workforce challenges for the Food and Drug Administration, including
protecting such workforce during public health emergencies.''.
SEC. 3624. ENHANCING FOOD AND DRUG ADMINISTRATION HIRING AUTHORITY FOR
SCIENTIFIC, TECHNICAL, AND PROFESSIONAL PERSONNEL.
Section 714A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379d-3a) is amended--
(1) in subsection (a)--
(A) by inserting ``, including cross-cutting operational
positions,'' after ``professional positions''; and
(B) by inserting ``and the regulation of food and
cosmetics'' after ``medical products''; and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the 21st Century Cures Act'' and
inserting ``the Food and Drug Omnibus Reform Act of 2022'';
and
(ii) by striking ``that examines the extent'' and all
that follows through ``, including'' and inserting ``that
includes'';
(B) in subparagraph (A)--
(i) by inserting ``updated'' before ``analysis''; and
(ii) by striking ``; and'' and inserting a semicolon;
(C) by redesignating subparagraph (B) as subparagraph (C);
(D) by inserting after subparagraph (A) the following:
``(B) an analysis of how the Secretary has used the
authorities provided under this section, and a plan for how the
Secretary will use the authority under this section, and other
applicable hiring authorities, for employees of the Food and
Drug Administration; and''; and
(E) in the matter preceding clause (i) of subparagraph (C),
as so redesignated, by striking ``a recruitment'' and inserting
``an updated recruitment''.
SEC. 3625. FACILITIES MANAGEMENT.
(a) PDUFA Authority.--Section 736(g)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379h(g)(2)) is amended--
(1) in subparagraph (A)(ii)--
(A) by striking ``shall be available to defray'' and
inserting the following: ``shall be available--
``(I) for fiscal year 2023, to defray'';
(B) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of the resources
allocated for the process for the review of human drug
applications (including such costs for an additional
number of full-time equivalent positions in the
Department of Health and Human Services to be engaged
in such process), only if the sum of the amounts
allocated by the Secretary for such costs, excluding
costs paid from fees collected under this section, plus
other costs for the maintenance, renovation, and repair
of facilities and acquisition, maintenance, and repair
of fixtures, furniture, and other necessary materials
and supplies in connection with the process for the
review of human drug applications, is no less than the
amount allocated for such costs, excluding any such
costs paid from fees collected under this section, for
fiscal year 1997, multiplied by the adjustment
factor.''; and
(2) in subparagraph (B), by striking ``for the process for the
review of human drug applications'' and inserting ``as described in
subclause (I) or (II) of such subparagraph, as applicable''.
(b) BsUFA Authority.--Section 744H(f)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-52(f)(2)) is amended--
(1) in subparagraph (B)(i)--
(A) by striking ``available for a fiscal year beginning
after fiscal year 2012'' and inserting the following:
``available--
``(I) for fiscal year 2023,'';
(B) by striking ``the fiscal year involved.'' and inserting
``such fiscal year; and''; and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of the process for the
review of biosimilar biological product applications
(including such costs for an additional number of full-
time equivalent positions in the Department of Health
and Human Services to be engaged in such process), only
if the sum of the amounts allocated by the Secretary
for such costs, excluding costs paid from fees
collected under this section, plus other costs for the
maintenance, renovation, and repair of facilities and
acquisition, maintenance, and repair of fixtures,
furniture, and other necessary materials and supplies
in connection with the process for the review of
biosimilar biological product applications, is no less
than $20,000,000, multiplied by the adjustment factor
applicable to the fiscal year involved.''; and
(2) in subparagraph (C), by striking ``subparagraph (B) in any
fiscal year if the costs described in such subparagraph'' and
inserting ``subparagraph (B)(i) in any fiscal year if the costs
allocated as described in subclause (I) or (II) of such
subparagraph, as applicable,''.
(c) GDUFA Authority.--Section 744B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-42) is amended--
(1) in subsection (e)(2), by striking ``744A(11)(C)'' and
inserting ``744A(12)(C)''; and
(2) in subsection (i)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``available for a fiscal year beginning
after fiscal year 2012'' and inserting the following:
``available--
``(I) for fiscal year 2023,'';
(ii) by striking ``the fiscal year involved.'' and
inserting ``such fiscal year; and''; and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of human generic drug
activities (including such costs for an additional
number of full-time equivalent positions in the
Department of Health and Human Services to be engaged
in such activities), only if the sum of the amounts
allocated by the Secretary for such costs, excluding
costs paid from fees collected under this section, plus
other costs for the maintenance, renovation, and repair
of facilities and acquisition, maintenance, and repair
of fixtures, furniture, and other necessary materials
and supplies in connection with human generic drug
activities, is no less than $97,000,000 multiplied by
the adjustment factor defined in section 744A(3)
applicable to the fiscal year involved.''; and
(B) in subparagraph (B), by striking ``for human generic
activities'' and inserting ``as described in subclause (I) or
(II) of such subparagraph, as applicable,''.
(d) MDUFA Authority.--Section 738 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j), as amended by section 3309, is further
amended--
(1) in subsection (e)(2)(B)(iii), by inserting ``, if extant,''
after ``national taxing authority'';
(2) in subsection (h)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``shall be available to defray'' and
inserting the following: ``shall be available--
``(I) for fiscal year 2023, to defray'';
(ii) by striking the period and inserting ``; and'';
and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent
fiscal year, to defray the costs of the resources
allocated for the process for the review of device
applications (including such costs for an additional
number of full-time equivalent positions in the
Department of Health and Human Services to be engaged
in such process), only if the sum of the amounts
allocated by the Secretary for such costs, excluding
costs paid from fees collected under this section, plus
other costs for the maintenance, renovation, and repair
of facilities and acquisition, maintenance, and repair
of fixtures, furniture and other necessary materials
and supplies in connection with the process for the
review of device applications, is no less than the
amount allocated for such costs, excluding any such
costs paid from fees collected under this section, for
fiscal year 2009 multiplied by the adjustment
factor.''; and
(B) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ``for the process for the review of
device applications'' and inserting ``as described in subclause
(I) or (II) of such subparagraph, as applicable''; and
(3) in subsection (g)(3), by striking ``737(9)(C)'' and
inserting ``737(10)(C)''.
(e) Technical Correction.--
(1) In general.--Section 905(b)(2) of the FDA Reauthorization
Act of 2017 (Public Law 115-52) is amended by striking ``Section
738(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379j(h)) is amended'' and inserting ``Subsection (g) of section 738
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as so
redesignated by section 203(f)(2)(B)(i), is amended''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect as though included in the enactment of section 905 of
the FDA Reauthorization Act of 2017 (Public Law 115-52).
SEC. 3626. USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.
(a) PDUFA.--
(1) Reauthorization; reporting requirements.--Section 736B(a)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h-2(a))
is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) in clause (vii), by striking ``; and'' and
inserting a semicolon;
(II) in clause (viii), by striking the period and
inserting ``; and''; and
(III) by adding at the end the following:
``(ix) the number of investigational new drug
applications submitted per fiscal year, including for each
review division.''; and
(ii) by adding at the end the following flush text:
``Nothing in subparagraph (B) shall be construed to authorize the
disclosure of information that is prohibited from disclosure under
section 301(j) of this Act or section 1905 of title 18, United
States Code, or that is subject to withholding under section
552(b)(4) of title 5, United States Code.'';
(B) by adding at the end of paragraph (3)(B) the following:
``(v) For fiscal years 2023 and 2024, of the meeting
requests from sponsors for which the Secretary has
determined that a face-to-face meeting is appropriate, the
number of face-to-face meetings requested by sponsors to be
conducted in person (in such manner as the Secretary shall
prescribe on the website of the Food and Drug
Administration), and the number of such in-person meetings
granted by the Secretary, with both such numbers
disaggregated by the relevant agency center.''; and
(C) in paragraph (4)--
(i) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 1001(b) of the Prescription Drug User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 736, and the number of full-time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the Office
of the Commissioner;'';
(ii) by amending subparagraph (B) to read as follows:
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for the process for the review of
human drug applications, including identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost per full-time
equivalent in the prescription drug review program;'';
(iii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete review
of each type of human drug application.''.
(2) Reauthorization.--Section 736B(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h-2(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation with
regulated industry, shall provide regular updates on negotiations
on the reauthorization of this part to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the
recommendations developed under paragraphs (1) through
(5) to the Congress, the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after
each such negotiation meeting'' before the period at
the end; and
(ii) in subparagraph (B), by inserting ``, in
sufficient detail,'' after ``shall summarize''.
(b) MDUFA.--
(1) Reauthorization; reporting requirements.--Section
738A(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-1(a)(1)(A)) is amended--
(A) in clause (ii)--
(i) in subclause (II), by striking ``; and'' and
inserting a semicolon;
(ii) in subclause (III), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(IV) the number of investigational device
exemption applications submitted under section 520(g)
per fiscal year, including for each review division;
and
``(V) the number of expedited development and
priority review requests and designations under section
515B per fiscal year, including for each review
division.
Nothing in this clause shall be construed to authorize the
disclosure of information that is prohibited from
disclosure under section 301(j) of this Act or section 1905
of title 18, United States Code, or that is subject to
withholding under section 552(b)(4) of title 5, United
States Code.''; and
(B) in clause (iv) (relating to rationale for MDUFA program
changes)--
(i) by amending subclause (I) to read as follows:
``(I) data, analysis, and discussion of the changes
in the number of individuals hired as agreed upon in
the letters described in section 2001(b) of the Medical
Device User Fee Amendments of 2022 and the number of
remaining vacancies, the number of full-time
equivalents funded by fees collected pursuant to
section 738, and the number of full time equivalents
funded by budget authority at the Food and Drug
Administration by each division within the Center for
Devices and Radiological Health, the Center for
Biologics Evaluation and Research, the Office of
Regulatory Affairs, and the Office of the
Commissioner;'';
(ii) by amending subclause (II) to read as follows:
``(II) data, analysis, and discussion of the
changes in the fee revenue amounts and costs for the
process for the review of device applications,
including identifying--
``(aa) drivers of such changes; and
``(bb) changes in the average total cost per
full-time equivalent in the medical device review
program;'';
(iii) in subclause (III), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(IV) data, analysis, and discussion of the
changes in the average full-time equivalent hours
required to complete review of medical device
application types.''.
(2) Reauthorization.--Section 738A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation with
regulated industry, shall provide regular updates on negotiations
on the reauthorization of this part to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the
recommendations developed under paragraphs (1) through
(5) to the Congress, the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after
each such negotiation meeting'' before the period at
the end; and
(ii) in subparagraph (B), by inserting ``, in
sufficient detail,'' after ``shall summarize''.
(c) GDUFA.--
(1) Reauthorization; reporting requirements.--Section
744C(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379j-43(a)(3)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 3001(b) of the Generic Drug User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 744B, and the number of full time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the Office
of the Commissioner;'';
(B) by amending subparagraph (B) to read as follows:
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for human generic drug
activities, including--
``(i) identifying drivers of such changes; and
``(ii) changes in the total average cost per full-time
equivalent in the generic drug review program;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete review
of each type of abbreviated new drug application.''.
(2) Reauthorization.--Section 744C(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-43(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation with
regulated industry, shall provide regular updates on negotiations
on the reauthorization of this part to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the
recommendations developed under paragraphs (1) through
(5) to the Congress, the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after
each such negotiation meeting'' before the period at
the end; and
(ii) in subparagraph (B), by inserting ``, in
sufficient detail,'' after ``shall summarize''.
(d) BsUFA.--
(1) Reauthorization; reporting requirements.--Section
744I(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379j-53(a)(4)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 4001(b) of the Biosimilar User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 744H, and the number of full time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the Office
of the Commissioner;'';
(B) by amending subparagraph (B) to read as follows:
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for the process for the review of
biosimilar biological product applications, including
identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost per full-time
equivalent in the biosimilar biological product review
program;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete review
of each type of biosimilar biological product application.''.
(2) Reauthorization.--Section 744I(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-53(f)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Prior public input.--Prior to beginning negotiations with
the regulated industry on the reauthorization of this part, the
Secretary shall--
``(A) publish a notice in the Federal Register requesting
public input on the reauthorization;
``(B) hold a public meeting at which the public may present
its views on the reauthorization;
``(C) provide a period of 30 days after the public meeting
to obtain written comments from the public suggesting changes
to this part; and
``(D) publish the comments on the Food and Drug
Administration's website.
``(3) Periodic consultation.--Not less frequently than once
every month during negotiations with the regulated industry, the
Secretary shall hold discussions with representatives of patient
and consumer advocacy groups to continue discussions of their views
on the reauthorization and their suggestions for changes to this
part as expressed under paragraph (2).
``(4) Updates to congress.--The Secretary, in consultation with
regulated industry, shall provide regular updates on negotiations
on the reauthorization of this part to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives.''; and
(C) by adding at the end the following:
``(7) Minutes of negotiation meetings.--
``(A) Public availability.--The Secretary shall make
publicly available, on the public website of the Food and Drug
Administration, minutes of all negotiation meetings conducted
under this subsection between the Food and Drug Administration
and the regulated industry, not later than 30 days after each
such negotiation meeting.
``(B) Content.--The minutes described under subparagraph
(A) shall summarize, in sufficient detail, any substantive
proposal made by any party to the negotiations as well as
significant controversies or differences of opinion during the
negotiations and their resolution.''.
SEC. 3627. IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE FOOD AND
DRUG ADMINISTRATION.
(a) FDA Strategic Information Technology Plan.--
(1) In general.--Not later than September 30, 2023, and at
least every 4 years thereafter, the Secretary shall develop and
submit to the appropriate committees of Congress and post on the
website of the Food and Drug Administration, a coordinated
information technology strategic plan to modernize the information
technology systems of the Food and Drug Administration. Each such
report shall be known as the ``Food and Drug Administration
Strategic Information Technology Plan''. The first such report may
include the Data and Technology Modernization Strategy, as set
forth in the letters described in section 1001(b) of the FDA User
Fee Reauthorization Act of 2022 (division F of Public Law 117-180).
(2) Content of strategic plan.--The Food and Drug
Administration Strategic Information Technology Plan under
paragraph (1) shall include--
(A) agency-wide strategic goals and priorities for
modernizing the information technology systems of the Food and
Drug Administration to maximize the efficiency and
effectiveness of such systems for enabling the Food and Drug
Administration to fulfill its public health mission;
(B) specific activities and strategies for achieving the
goals and priorities identified under subparagraph (A), and
specific milestones, metrics, and performance measures for
assessing progress against such strategic goals and priorities;
(C) specific activities and strategies for improving and
streamlining internal coordination and communication within the
Food and Drug Administration, including for activities and
communications related to signals of potential public health
concerns;
(D) challenges and risks the Food and Drug Administration
will face in meeting its strategic goals and priorities, and
the activities the Food and Drug Administration will undertake
to overcome those challenges and mitigate those risks;
(E) the ways in which the Food and Drug Administration will
use the Plan to guide and coordinate the projects and
activities of the Food and Drug Administration across its
offices and centers; and
(F) a skills inventory, needs assessment, gap analysis, and
initiatives to address skills gaps as part of a strategic
approach to information technology human capital planning.
(3) Evaluation of progress.--Each Food and Drug Administration
Strategic Information Technology Plan issued pursuant to this
subsection, with the exception of the first such Food and Drug
Administration Strategic Information Technology Plan, shall include
an evaluation of--
(A) the progress the Secretary has made, based on the
metrics, benchmarks, and other milestones that measure
successful development and implementation of information
technology systems; and
(B) whether actions taken in response to the previous Plan
improved the capacity of the Food and Drug Administration to
achieve the strategic goals and priorities set forth in such
previous Plans.
(b) GAO Report.--
(1) In general.--Not later than September 30, 2026, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report assessing the implementation of the Food
and Drug Administration Strategic Information Technology Plan
adopted pursuant to subsection (a).
(2) Content of report.--The report required under paragraph (1)
shall include an assessment of--
(A) the development and implementation of the Food and Drug
Administration Strategic Information Technology Plan, including
the sufficiency of the plan, progress of the Food and Drug
Administration in meeting the results-oriented goals,
milestones, and performance measures identified in such plan
and any gaps in such implementation;
(B) the efficiency and effectiveness of the Food and Drug
Administration's expenditures on information technology systems
over the preceding 10 fiscal years, including the
implementation by the Food and Drug Administration of the
Technology Modernization Action Plan and Data Modernization
Action Plan;
(C) challenges posed by the information technology systems
of the Food and Drug Administration for carrying out the Food
and Drug Administration's public health mission, including on
meeting user fee agreement performance goals, conducting
inspections, responding to identified safety concerns, and
keeping pace with new scientific and medical advances; and
(D) recommendations for the Food and Drug Administration to
address the identified challenges, improve its implementation
of the Food and Drug Administration Strategic Information
Technology Plan, and to otherwise improve the Food and Drug
Administration's information technology systems.
SEC. 3628. REPORTING ON MAILROOM AND OFFICE OF THE EXECUTIVE
SECRETARIAT OF THE FOOD AND DRUG ADMINISTRATION.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives on--
(1) information related to policies, procedures, and activities
of the mailroom and the Office of the Executive Secretariat of the
Food and Drug Administration, including--
(A) taking receipt, tracking, managing, and prioritizing
confidential informant complaints;
(B) taking receipt of common carrier packages to the Food
and Drug Administration;
(C) the organizational structure and management of the
mailroom;
(D) the organizational structure and management of the
Office of the Executive Secretariat;
(E) the total number of employees and contractors in the
mailroom including those working remotely and those working in
person;
(F) the total number of employees and contractors in the
Office of the Executive Secretariat;
(G) the number of vacant positions in the mailroom;
(H) the number of vacant positions in the Office of the
Executive Secretariat;
(I) the average number of days for response to
correspondence received by the Office of the Secretariat;
(J) the extent to which there is a backlog of common
carrier packages received by the mailroom and the number of
common carrier packages in any backlog;
(K) the extent to which there is a backlog of
correspondence in the Office of the Executive Secretariat that
has not been appropriately responded to by the Food and Drug
Administration and the number of correspondence or common
carrier packages in any backlog;
(L) a rationale for the failure of the Office of the
Executive Secretariat to respond to correspondence in any
backlog and the position of the decision-making official who
determined not to respond to such correspondence;
(M) the number of whistleblower correspondence received,
including within each agency center;
(N) the amount of resources expended for the mailroom,
including a breakdown of budget authority and user fee dollars;
(O) the amount of resources expended for the Office of the
Executive Secretariat and correspondence-related activities,
including a breakdown of budget authority and user fee dollars;
and
(P) the performance of third-party contractors responsible
for correspondence-related activities with respect to the
receipt and tracking of correspondence, and efforts by the Food
and Drug Administration to improve performance by such
contractors; and
(2) the development and implementation of new or revised
policies and procedures of the Food and Drug Administration to
monitor and ensure--
(A) the effective receipt, tracking, managing, and
prioritization of such complaints; and
(B) the effective receipt of common carrier packages to the
Food and Drug Administration.
(b) Annual Report.--Not later than the end of each of fiscal years
2023 and 2024, the Secretary shall issue a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives on the
implementation of the new or revised policies of the Food and Drug
Administration reported under subsection (a)(2), and since such
implementation--
(1) the volume of incoming common carrier packages to the
mailroom;
(2) the volume of incoming correspondence to the Office of the
Executive Secretariat;
(3) the extent to which new backlogs occur in the processing of
common carrier packages received by the mailroom;
(4) the extent to which new backlogs occur in the processing of
correspondence received by the Office of the Executive Secretariat;
(5) the length of time required to resolve each such backlog;
(6) any known issues of unreasonable delays in correspondence
being provided to the intended recipient, or in correspondence
being lost, and the measures taken to remedy such delays or lost
items;
(7) the average number of days it takes to respond to
correspondence received by the Office of the Executive Secretariat;
(8) the resources expended by the mailroom, including a
breakdown of budget authority and user fee dollars; and
(9) the resources expended by the Office of the Executive
Secretariat on correspondence-related activities, including a
breakdown of budget authority and user fee dollars.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report assessing the policies and practices of the
Division of Executive Operations of the Office of the Executive
Secretariat of the Food and Drug Administration with respect to the
receipt, tracking, managing, and prioritization of correspondence.
SEC. 3629. FACILITATING THE USE OF REAL WORLD EVIDENCE.
(a) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue or revise existing guidance on
considerations for the use of real world data and real world evidence
to support regulatory decision-making, as follows:
(1) With respect to drugs, such guidance shall address the use
of such data and evidence to support the approval of a drug
application under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or a biological product application
under section 351 of the Public Health Service Act (42 U.S.C. 262),
and to support an investigational use exemption submission under
section 505(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service
Act (42 U.S.C. 262(a)(3)). Such guidance shall include
considerations for the inclusion, in such applications and
submissions, of real world data and real world evidence obtained as
a result of the use of drugs authorized for emergency use under
section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb-3), and considerations for standards and methodologies for
collection and analysis of real world evidence included in such
applications and submissions, as appropriate.
(2) With respect to devices, such guidance shall address the
use of such data and evidence to support the approval, clearance,
or classification of a device pursuant to an application or
submission submitted under section 510(k), 513(f)(2), or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c(f)(2),
360e), to support an investigational use exemption submission under
section 520(g) of such Act (21 U.S.C. 360j(g)), and to support a
determination by the Secretary for purposes of section 353 of the
Public Health Service Act (42 U.S.C. 263a) (including the category
described under subsection (d)(3) of such section). Such guidance
shall include considerations for the inclusion, in such
applications and submissions, of real world data and real world
evidence obtained as a result of the use of devices authorized for
emergency use under section 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-3), including considerations related
to a determination under section 353(d)(3) of the Public Health
Service Act (42 U.S.C. 263a(d)(3)), and considerations for
standards and methodologies for collection and analysis of real
world evidence included in such applications, submissions, or
determinations, as appropriate.
(b) Report to Congress.--Not later than 2 years after the end of
the public health emergency declared by the Secretary under section 319
of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
with respect to COVID-19, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives
on--
(1) the number of applications, submissions, or requests
submitted for clearance, approval, or authorization under section
505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e) or section
351 of the Public Health Service Act (42 U.S.C. 262), for which an
authorization under section 564 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-3) was previously granted;
(2) of the number of applications so submitted, the number of
such applications--
(A) for which real world evidence was submitted and used to
support a regulatory decision; and
(B) for which real world evidence was submitted and
determined to be insufficient to support a regulatory decision;
and
(3) a summary explanation of why, in the case of applications
described in paragraph (2)(B), real world evidence could not be
used to support regulatory decisions.
(c) Information Disclosure.--Nothing in this section shall be
construed to authorize the disclosure of information that is prohibited
from disclosure under section 1905 of title 18, United States Code, or
subject to withholding under subsection (b)(4) of section 552 of title
5, United States Code (commonly referred to as the ``Freedom of
Information Act'').
SEC. 3630. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO
APPROVAL.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended--
(1) in paragraph (a)--
(A) by striking ``drugs for coverage'' and inserting
``drugs or devices for coverage''; and
(B) by striking ``drug'' each place it appears and
inserting ``drug or device'', respectively;
(2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under
section 505 or under section 351 of the Public Health Service Act''
and inserting ``under section 505, 510(k), 513(f)(2), or 515 of
this Act or section 351 of the Public Health Service Act'';
(3) in paragraph (a)(1)--
(A) by striking ``under section 505 or under section 351(a)
of the Public Health Service Act'' and inserting ``under
section 505, 510(k), 513(f)(2), or 515 of this Act or section
351 of the Public Health Service Act''; and
(B) by striking ``in section 505(a) or in subsections (a)
and (k) of section 351 of the Public Health Service Act'' and
inserting ``in section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act''; and
(4) by adding at the end the following:
``(gg)(1) Unless its labeling bears adequate directions for use in
accordance with paragraph (f), except that (in addition to drugs or
devices that conform with exemptions pursuant to such paragraph) no
drug or device shall be deemed to be misbranded under such paragraph
through the provision of truthful and not misleading product
information to a payor, formulary committee, or other similar entity
with knowledge and expertise in the area of health care economic
analysis carrying out its responsibilities for the selection of drugs
or devices for coverage or reimbursement if the product information
relates to an investigational drug or device or investigational use of
a drug or device that is approved, cleared, granted marketing
authorization, or licensed under section 505, 510(k), 513(f)(2), or 515
of this Act or section 351 of the Public Health Service Act (as
applicable), provided--
``(A) the product information includes--
``(i) a clear statement that the investigational drug or
device or investigational use of a drug or device has not been
approved, cleared, granted marketing authorization, or licensed
under section 505, 510(k), 513(f)(2), or 515 of this Act or
section 351 of the Public Health Service Act (as applicable)
and that the safety and effectiveness of such drug or device
for such use has not been established;
``(ii) information related to the stage of development of
the drug or device involved, such as--
``(I) the status of any study or studies in which the
investigational drug or device or investigational use is
being investigated;
``(II) how the study or studies relate to the overall
plan for the development of the drug or device; and
``(III) whether an application, premarket notification,
or request for classification for the investigational drug
or device or investigational use has been submitted to the
Secretary and when such a submission is planned;
``(iii) in the case of information that includes factual
presentations of results from studies, which shall not be
selectively presented, a description of--
``(I) all material aspects of study design,
methodology, and results; and
``(II) all material limitations related to the study
design, methodology, and results;
``(iv) where applicable, a prominent statement disclosing
the indication or indications for which the Secretary has
approved, granted marketing authorization, cleared, or licensed
the product pursuant to section 505, 510(k), 513(f)(2), or 515
of this Act or section 351 of the Public Health Service Act,
and a copy of the most current required labeling; and
``(v) updated information, if previously communicated
information becomes materially outdated as a result of
significant changes or as a result of new information regarding
the product or its review status; and
``(B) the product information does not include--
``(i) information that represents that an unapproved
product--
``(I) has been approved, cleared, granted marketing
authorization, or licensed under section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public
Health Service Act (as applicable); or
``(II) has otherwise been determined to be safe or
effective for the purpose or purposes for which the drug or
device is being studied; or
``(ii) information that represents that an unapproved use
of a drug or device that has been so approved, granted
marketing authorization, cleared, or licensed--
``(I) is so approved, granted marketing authorization,
cleared, or licensed; or
``(II) that the product is safe or effective for the
use or uses for which the drug or device is being studied.
``(2) For purposes of this paragraph, the term `product
information' includes--
``(A) information describing the drug or device (such as drug
class, device description, and features);
``(B) information about the indication or indications being
investigated;
``(C) the anticipated timeline for a possible approval,
clearance, marketing authorization, or licensure pursuant to
section 505, 510(k), 513, or 515 of this Act or section 351 of the
Public Health Service Act;
``(D) drug or device pricing information;
``(E) patient utilization projections;
``(F) product-related programs or services; and
``(G) factual presentations of results from studies that do not
characterize or make conclusions regarding safety or efficacy.''.
(b) GAO Study and Report.--Beginning on the date that is 5 years
and 6 months after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a study on the provision and
use of information pursuant to section 502(gg) of the Federal Food,
Drug, and Cosmetic Act, as added by this subsection (a), between
manufacturers of drugs and devices (as defined in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities
described in such section 502(gg). Such study shall include an analysis
of the following:
(1) The types of information communicated between such
manufacturers and payors.
(2) The manner of communication between such manufacturers and
payors.
(3)(A) Whether such manufacturers file an application for
approval, marketing authorization, clearance, or licensing of a new
drug or device or the new use of a drug or device that is the
subject of communication between such manufacturers and payors
under section 502(gg) of the Federal Food, Drug, and Cosmetic Act,
as added by subsection (a).
(B) How frequently the Food and Drug Administration approves,
grants marketing authorization, clears, or licenses the new drug or
device or new use.
(C) The timeframe between the initial communications permitted
under section 502(gg) of the Federal Food, Drug, and Cosmetic Act,
as added by subsection (a), regarding an investigational drug or
device or investigational use, and the initial marketing of such
drug or device.
SEC. 3631. STREAMLINING BLOOD DONOR INPUT.
Chapter 35 of title 44, United States Code, shall not apply to the
collection of information to which a response is voluntary and that is
initiated by the Secretary to solicit information from blood donors or
potential blood donors to support the development of recommendations by
the Secretary, acting through the Commissioner of Food and Drugs,
concerning blood donation.
TITLE IV--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
SEC. 4101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT
FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``during the portion of fiscal year 2023 beginning on
December 24, 2022, and ending on September 30, 2023, and in fiscal
year 2024'' and inserting ``in fiscal year 2025'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or portion of a fiscal year''; and
(ii) by striking ``through 2022 and the portion of
fiscal year 2023 beginning on October 1, 2022, and ending
on December 23, 2022''' and inserting ``through 2024'';
(B) in subclause (III), by striking ``through 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022''' and inserting ``through 2024'';
and
(C) in subclause (IV), by striking ``the portion of fiscal
year 2023 beginning on December 24, 2022, and ending on
September 30, 2023, and fiscal year 2024'' and inserting
``fiscal year 2025''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2022 or during the portion of fiscal year 2023
beginning on October 1, 2022, and ending on December 23,
2022''' and inserting ``through 2024''; and
(B) in clause (ii), by striking ``through 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022''' and inserting ``through 2024''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the provisions
of, including the amendments made by, this section by program
instruction or otherwise.
SEC. 4102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``December 24, 2022'' and
inserting ``October 1, 2024''; and
(2) in clause (ii)(II), by striking ``December 24, 2022'' and
inserting ``October 1, 2024''.
(b) Conforming Amendments.--
(1) Extension of target amounts.--Section 1886(b)(3)(D) of the
Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``December 24, 2022'' and inserting ``October 1, 2024''; and
(B) in clause (iv), by striking ``fiscal year 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022,'' and inserting ``fiscal year
2024''.
(2) Permitting hospitals to decline reclassification.--Section
13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42
U.S.C. 1395ww note) is amended by striking ``fiscal year 2000
through fiscal year 2022, or the portion of fiscal year 2023
beginning on October 1, 2022, and ending on December 23, 2022'' and
inserting ``or fiscal year 2000 through fiscal year 2024''.
SEC. 4103. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (12)(A), by striking ``January 1, 2023'' and
inserting ``January 1, 2025''; and
(2) in paragraph (13), by striking ``January 1, 2023'' in each
place it appears and inserting ``January 1, 2025'' in each such
place.
Subtitle B--Other Expiring Medicare Provisions
SEC. 4111. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE
ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``2024'' and inserting ``2025''; and
(B) by inserting ``(or, with respect to 2025, 3.5
percent)'' after ``5 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the header, by striking ``2024'' and inserting
``2025''; and
(ii) in the matter preceding clause (i), by striking
``2024'' and inserting ``2025'';
(B) in subparagraph (C)--
(i) in the header, by striking ``2025'' and inserting
``2026''; and
(ii) in the matter preceding clause (i), by striking
``2025'' and inserting ``2026''; and
(C) in subparagraph (D), by striking ``2023 and 2024'' and
inserting ``2023, 2024, and 2025''; and
(3) in paragraph (4)(B), by inserting ``(or, with respect to
2025, 3.5 percent)'' after ``5 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by striking ``2024'' and inserting
``2025''; and
(2) in subclause (III), by striking ``2025'' and inserting
``2026''.
SEC. 4112. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER PROFESSIONALS
IN ADJUSTING TO MEDICARE PAYMENT CHANGES.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) in subsection (c)(2)(B)(iv)(V), by striking ``2021 or
2022'' and inserting ``2021, 2022, 2023, or 2024''; and
(2) in subsection (t)--
(A) in the subsection header, by striking ``2021 and 2022''
and inserting ``2021 Through 2024'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``during 2021 and 2022'' and inserting ``during
2021, 2022, 2023, and 2024''; and
(ii) in subparagraph (A), by striking at the end
``and'';
(iii) in subparagraph (B), by striking at the end the
period and inserting a semicolon; and
(iv) by adding at the end the following new
subparagraphs:
``(C) such services furnished on or after January 1, 2023,
and before January 1, 2024, by 2.5 percent; and
``(D) such services furnished on or after January, 1, 2024,
and before January 1, 2025, by 1.25 percent.''; and
(C) in paragraph (2)(C)--
(i) in the subparagraph header, by striking ``2021 and
2022'' and inserting ``2021 through 2024'';
(ii) by striking ``for services furnished in 2021 or
2022'' and inserting ``for services furnished in 2021,
2022, 2023, or 2024''; and
(iii) by striking ``or 2022, respectively'' and
inserting ``, 2022, 2023, or 2024, respectively''.
SEC. 4113. ADVANCING TELEHEALTH BEYOND COVID-19.
(a) Removing Geographic Requirements and Expanding Originating
Sites for Telehealth Services.--Section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and ending
December 31, 2024''; and
(2) in paragraph (4)(C)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and ending
on December 31, 2024''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``and, for the 151-day period
beginning on the first day after the end of the emergency period
described in section 1135(g)(1)(B)'' and inserting ``and, in the case
that the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, for the period beginning on the first day
after the end of such emergency period and ending on December 31,
2024''.
(c) Extending Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8)(A) of the Social
Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking ``during
the 151-day period beginning on the first day after the end of such
emergency period'' and inserting ``in the case that such emergency
period ends before December 31, 2024, during the period beginning on
the first day after the end of such emergency period and ending on
December 31, 2024''.
(d) Delaying the In-person Requirements Under Medicare for Mental
Health Services Furnished Through Telehealth and Telecommunications
Technology.--
(1) Delay in requirements for mental health services furnished
through telehealth.--Section 1834(m)(7)(B)(i) of the Social
Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in the
matter preceding subclause (I), by striking ``on or after the day
that is the 152nd day after the end of the period at the end of the
emergency sentence described in section 1135(g)(1)(B))'' and
inserting ``on or after January 1, 2025 (or, if later, the first
day after the end of the emergency period described in section
1135(g)(1)(B))''.
(2) Mental health visits furnished by rural health clinics.--
Section 1834(y) of the Social Security Act (42 U.S.C. 1395m(y)) is
amended--
(A) in the heading, by striking ``to hospice patients'';
and
(B) in paragraph (2), by striking ``prior to the day that
is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior to
January 1, 2025 (or, if later, the first day after the end of
the emergency period described in section 1135(g)(1)(B))''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4) of the Social Security Act (42
U.S.C. 1395m(o)(4) is amended--
(A) in the heading, by striking ``to hospice patients'';
and
(B) in subparagraph (B), by striking ``prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior to
January 1, 2025 (or, if later, the first day after the end of
the emergency period described in section 1135(g)(1)(B))''.
(e) Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``The Secretary shall continue to
provide coverage and payment under this part for telehealth services
identified in paragraph (4)(F)(i) as of the date of the enactment of
this paragraph that are furnished via an audio-only telecommunications
system during the 151-day period beginning on the first day after the
end of the emergency period described in section 1135(g)(1)(B)'' and
inserting ``In the case that the emergency period described in section
1135(g)(1)(B) ends before December 31, 2024, the Secretary shall
continue to provide coverage and payment under this part for telehealth
services identified in paragraph (4)(F)(i) as of the date of the
enactment of this paragraph that are furnished via an audio-only
communications system during the period beginning on the first day
after the end of such emergency period and ending on December 31,
2024''.
(f) Use of Telehealth to Conduct Face-to-face Encounter Prior to
Recertification of Eligibility for Hospice Care During Emergency
Period.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42
U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the
151-day period beginning on the first day after the end of such
emergency period'' and inserting ``and, in the case that such emergency
period ends before December 31, 2024, during the period beginning on
the first day after the end of such emergency period described in such
section 1135(g)(1)(B) and ending on December 31, 2024''.
(g) Study on Telehealth and Medicare Program Integrity.--
(1) In general.--
(A) Study.--The Secretary shall conduct a study using
medical record review, as described in subparagraph (C), on
program integrity related to telehealth services under part B
of title XVIII of the Social Security Act (42 U.S.C. 1395j et
seq.).
(B) Scope of study.--In conducting the study under
subparagraph (A), the Secretary shall review and analyze
information (to the extent that such information is available)
on the duration of telehealth services furnished, the types of
telehealth services furnished, and, to the extent feasible, the
impact of the telehealth services furnished on future
utilization of health care services by Medicare beneficiaries,
such as the utilization of additional telehealth services or
in-person services, including hospitalizations and emergency
department visits. The Secretary may also review and analyze
information on--
(i) any geographic differences in utilization of
telehealth services;
(ii) documentation of the care and methods of delivery
associated with telehealth services; and
(iii) other areas, as determined appropriate by the
Secretary.
(C) Medical record review.--In conducting the study under
subparagraph (A), the Secretary shall conduct medical record
review of a sample of claims for telehealth services with dates
of service during the period beginning on January 1, 2022, and
ending on December 31, 2024. For such claims with a date of
service during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), the Secretary shall only conduct medical record
review of those claims that have undergone standard program
integrity review (as defined in paragraph (2)(B)), as
determined appropriate by the Secretary.
(D) Reports.--
(i) Interim report.--Not later than October 1, 2024,
the Secretary shall submit to the Committee on Finance of
the Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives
an interim report on the study conducted under subparagraph
(A).
(ii) Final report.--Not later than April 1, 2026, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives
a final report on the study conducted under subparagraph
(A).
(2) Definitions.--In this subsection:
(A) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(B) Standard program integrity review.--The term ``standard
program integrity review'' refers to the review of any claim
that requires a review of the associated medical record by the
Secretary to determine the medical necessity of the services
furnished or to identify potential fraud.
(C) Telehealth service.--The term ``telehealth service''
has the meaning given that term in section 1834(m)(4)(F) of the
Social Security Act (42 U.S.C. 1395(m)(4)(F)).
(3) Funding.--In addition to amounts otherwise available, there
is appropriated to the Centers for Medicare & Medicaid Services
Program Management Account for fiscal year 2023, out of any amounts
in the Treasury not otherwise appropriated, $10,000,000, to remain
available until expended, for purposes of carrying out this
subsection.
(h) Program Instruction Authority.--Notwithstanding any other
provision of law, the Secretary of Health and Human Services may
implement the provisions of, including amendments made by, this section
through program instruction or otherwise.
SEC. 4114. REVISED PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST
PAYMENT CHANGES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2025'' and
inserting ``through 2026''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``and 2022'' and inserting
``through 2023''; and
(B) in clause (iii), by striking ``2023 through 2025'' and
inserting ``2024 through 2026''.
(b) Revised Reporting Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2023'' and inserting ``January
1, 2024''; and
(B) by striking ``March 31, 2023'' and inserting ``March
31, 2024''.
Subtitle C--Medicare Mental Health Provisions
SEC. 4121. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND
MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security Act
(42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (GG), by striking ``and'' after the
semicolon at the end;
(B) in subparagraph (HH), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(II) marriage and family therapist services (as defined in
subsection (lll)(1)) and mental health counselor services (as
defined in subsection (lll)(3));''.
(2) Definitions.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``(lll) Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor.--
``(1) Marriage and family therapist services.--The term
`marriage and family therapist services' means services furnished
by a marriage and family therapist (as defined in paragraph (2))
for the diagnosis and treatment of mental illnesses (other than
services furnished to an inpatient of a hospital), which the
marriage and family therapist is legally authorized to perform
under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are furnished, as
would otherwise be covered if furnished by a physician or as an
incident to a physician's professional service.
``(2) Marriage and family therapist.--The term `marriage and
family therapist' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law of the State in which
such individual furnishes the services described in paragraph
(1);
``(B) is licensed or certified as a marriage and family
therapist by the State in which such individual furnishes such
services;
``(C) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and family
therapy; and
``(D) meets such other requirements as specified by the
Secretary.
``(3) Mental health counselor services.--The term `mental
health counselor services' means services furnished by a mental
health counselor (as defined in paragraph (4)) for the diagnosis
and treatment of mental illnesses (other than services furnished to
an inpatient of a hospital), which the mental health counselor is
legally authorized to perform under State law (or the State
regulatory mechanism provided by the State law) of the State in
which such services are furnished, as would otherwise be covered if
furnished by a physician or as incident to a physician's
professional service.
``(4) Mental health counselor.--The term `mental health
counselor' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a mental health
counselor, clinical professional counselor, or professional
counselor under the State law of the State in which such
individual furnishes the services described in paragraph (3);
``(B) is licensed or certified as a mental health
counselor, clinical professional counselor, or professional
counselor by the State in which the services are furnished;
``(C) after obtaining such a degree has performed at least
2 years of clinical supervised experience in mental health
counseling; and
``(D) meets such other requirements as specified by the
Secretary.''.
(3) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)), as amended by section
11101(b) of Public Law 117-169, is further amended--
(A) by striking ``, and (EE)'' and inserting ``(EE)''; and
(B) by inserting before the semicolon at the end the
following: ``and (FF) with respect to marriage and family
therapist services and mental health counselor services under
section 1861(s)(2)(II), the amounts paid shall be 80 percent of
the lesser of the actual charge for the services or 75 percent
of the amount determined for payment of a psychologist under
subparagraph (L)''.
(4) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing facility
prospective payment system.--Section 1888(e)(2)(A)(ii) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by
inserting ``marriage and family therapist services (as defined in
section 1861(lll)(1)), mental health counselor services (as defined
in section 1861(lll)(3)),'' after ``qualified psychologist
services,''.
(5) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of claims.--
Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the following new
clauses:
``(vii) A marriage and family therapist (as defined in section
1861(lll)(2)).
``(viii) A mental health counselor (as defined in section
1861(lll)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in Certain
Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act (42
U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical
social worker (as defined in subsection (hh)(1))'' and inserting
``, by a clinical social worker (as defined in subsection (hh)(1)),
by a marriage and family therapist (as defined in subsection
(lll)(2)), or by a mental health counselor (as defined in
subsection (lll)(4))''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the
Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended
by inserting ``, marriage and family therapist, or mental health
counselor'' after ``social worker''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2024.
SEC. 4122. ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``and (9)'' and
inserting ``(9), and (10)'';
(2) in paragraph (4)(H)(i), by striking ``and (9)'' and
inserting ``(9), and (10)''; and
(3) by adding at the end the following new paragraph:
``(10) Distribution of additional residency positions in
psychiatry and psychiatry subspecialties.--
``(A) Additional residency positions.--
``(i) In general.--For fiscal year 2026, the Secretary
shall, subject to the succeeding provisions of this
paragraph, increase the otherwise applicable resident limit
for each qualifying hospital (as defined in subparagraph
(F)) that submits a timely application under this
subparagraph by such number as the Secretary may approve
effective beginning July 1 of the fiscal year of the
increase.
``(ii) Number available for distribution.--The
aggregate number of such positions made available under
this paragraph shall be equal to 200.
``(iii) Distribution for psychiatry or psychiatry
subspecialty residencies.--At least 100 of the positions
made available under this paragraph shall be distributed
for a psychiatry or psychiatry subspecialty residency (as
defined in subparagraph (F)).
``(iv) Timing.--The Secretary shall notify hospitals of
the number of positions distributed to the hospital under
this paragraph as a result of an increase in the otherwise
applicable resident limit by January 31 of the fiscal year
of the increase. Such increase shall be effective beginning
July 1 of such fiscal year.
``(B) Distribution.--For purposes of providing an increase
in the otherwise applicable resident limit under subparagraph
(A), the following shall apply:
``(i) Considerations in distribution.--In determining
for which qualifying hospitals such an increase is provided
under subparagraph (A), the Secretary shall take into
account the demonstrated likelihood of the hospital filling
the positions made available under this paragraph within
the first 5 training years beginning after the date the
increase would be effective, as determined by the
Secretary.
``(ii) Minimum distribution for certain categories of
hospitals.--With respect to the aggregate number of such
positions available for distribution under this paragraph,
the Secretary shall distribute not less than 10 percent of
such aggregate number to each of the following categories
of hospitals:
``(I) Hospitals that are located in a rural area
(as defined in section 1886(d)(2)(D)) or are treated as
being located in a rural area pursuant to section
1886(d)(8)(E).
``(II) Hospitals in which the reference resident
level of the hospital (as specified in subparagraph
(F)(iii)) is greater than the otherwise applicable
resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools that received
`Candidate School' status from the Liaison
Committee on Medical Education or that received
`Pre-Accreditation' status from the American
Osteopathic Association Commission on Osteopathic
College Accreditation on or after January 1, 2000,
and that have achieved or continue to progress
toward `Full Accreditation' status (as such term is
defined by the Liaison Committee on Medical
Education) or toward `Accreditation' status (as
such term is defined by the American Osteopathic
Association Commission on Osteopathic College
Accreditation); or
``(bb) additional locations and branch campuses
established on or after January 1, 2000, by medical
schools with `Full Accreditation' status (as such
term is defined by the Liaison Committee on Medical
Education) or `Accreditation' status (as such term
is defined by the American Osteopathic Association
Commission on Osteopathic College Accreditation).
``(IV) Hospitals that serve areas designated as
health professional shortage areas under section
332(a)(1)(A) of the Public Health Service Act, as
determined by the Secretary.
``(iii) Pro rata application.--The Secretary shall
ensure that each qualifying hospital that submits a timely
application under subparagraph (A) receives at least 1 (or
a fraction of 1) of the positions made available under this
paragraph before any qualifying hospital receives more than
1 of such positions.
``(C) Requirements.--
``(i) Limitation.--A hospital may not receive more than
10 additional full-time equivalent residency positions
under this paragraph.
``(ii) Prohibition on distribution to hospitals without
an increase agreement.--No increase in the otherwise
applicable resident limit of a hospital may be made under
this paragraph unless such hospital agrees to increase the
total number of full-time equivalent residency positions
under the approved medical residency training program of
such hospital by the number of such positions made
available by such increase under this paragraph.
``(iii) Requirement for hospitals to expand programs.--
If a hospital that receives an increase in the otherwise
applicable resident limit under this paragraph would be
eligible for an adjustment to the otherwise applicable
resident limit for participation in a new medical residency
training program under section 413.79(e)(3) of title 42,
Code of Federal Regulations (or any successor regulation),
the hospital shall ensure that any positions made available
under this paragraph are used to expand an existing program
of the hospital, and not for participation in a new medical
residency training program.
``(D) Application of per resident amounts for nonprimary
care.--With respect to additional residency positions in a
hospital attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are deemed to
be equal to the hospital per resident amounts for nonprimary
care computed under paragraph (2)(D) for that hospital.
``(E) Permitting facilities to apply aggregation rules.--
The Secretary shall permit hospitals receiving additional
residency positions attributable to the increase provided under
this paragraph to, beginning in the fifth year after the
effective date of such increase, apply such positions to the
limitation amount under paragraph (4)(F) that may be aggregated
pursuant to paragraph (4)(H) among members of the same
affiliated group.
``(F) Definitions.--In this paragraph:
``(i) Otherwise applicable resident limit.--The term
`otherwise applicable resident limit' means, with respect
to a hospital, the limit otherwise applicable under
subparagraphs (F)(i) and (H) of paragraph (4) on the
resident level for the hospital determined without regard
to this paragraph but taking into account paragraphs
(7)(A), (7)(B), (8)(A), (8)(B), and (9)(A).
``(ii) Psychiatry or psychiatry subspecialty
residency.--The term `psychiatry or psychiatry subspecialty
residency' means a residency in psychiatry as accredited by
the Accreditation Council for Graduate Medical Education
for the purpose of preventing, diagnosing, and treating
mental health disorders.
``(iii) Qualifying hospital.--The term `qualifying
hospital' means a hospital described in any of subclauses
(I) through (IV) of subparagraph (B)(ii).
``(iv) Reference resident level.--The term `reference
resident level' means, with respect to a hospital, the
resident level for the most recent cost reporting period of
the hospital ending on or before the date of enactment of
this paragraph, for which a cost report has been settled
(or, if not, submitted (subject to audit)), as determined
by the Secretary.
``(v) Resident level.--The term `resident level' has
the meaning given such term in paragraph (7)(C)(i).''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking ``and
(h)(9)'' and inserting ``(h)(9), and (h)(10)'';
(2) by moving clause (xii) 4 ems to the left; and
(3) by adding at the end the following new clause:
``(xiii) For discharges occurring on or after July 1, 2026,
insofar as an additional payment amount under this subparagraph is
attributable to resident positions distributed to a hospital under
subsection (h)(10), the indirect teaching adjustment factor shall
be computed in the same manner as provided under clause (ii) with
respect to such resident positions.''.
(c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is amended by
inserting ``paragraph (10),'' after ``paragraph (8),''.
SEC. 4123. IMPROVING MOBILE CRISIS CARE IN MEDICARE.
(a) Payment for Psychotherapy for Crisis Services Furnished in an
Applicable Site of Service.--
(1) In general.--Section 1848(b) of the Social Security Act (42
U.S.C. 1395w-4(b)) is amended by adding at the end the following
new paragraph:
``(12) Payment for psychotherapy for crisis services furnished
in an applicable site of service.--
``(A) In general.--The Secretary shall establish new HCPCS
codes under the fee schedule established under this subsection
for services described in subparagraph (B) that are furnished
on or after January 1, 2024.
``(B) Services described.--The services described in this
subparagraph are psychotherapy for crisis services that are a
furnished in an applicable site of service.
``(C) Amount of payment.--For services described in
subparagraph (B) that are furnished to an individual in a year
(beginning with 2024), in lieu of the fee schedule amount that
would otherwise be determined under this subsection for such
year, the fee schedule amount for such services for such year
shall be equal to 150 percent of the fee schedule amount for
non-facility sites of service for such year determined for
services identified, as of January 1, 2022, by HCPCS codes
90839 and 90840 (and any succeeding codes).
``(D) Definitions.--In this paragraph:
``(i) Applicable site of service.--The term `applicable
site of service' means a site of service other than a site
where the facility rate under the fee schedule under this
subsection applies and other than an office setting.
``(ii) Psychotherapy for crisis services.--The code
descriptions for services described in subparagraph (B)
shall be the same as the code descriptions for services
identified, as of January 1, 2022, by HCPCS codes 90839 and
90840 (and any succeeding codes), except that such new
codes shall be limited to services furnished in an
applicable site of service.''.
(2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv) of
such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
(A) in subclause (IV), by striking ``and'' at the end;
(B) in subclause (V), by striking the period at the end and
inserting ``; and'' and
(C) by adding at the end the following new subclause:
``(VI) subsection (b)(12) shall not be taken into
account in applying clause (ii)(II) for 2024.''.
(b) Education and Outreach.--Not later than January 1, 2024, the
Secretary shall use existing communications mechanisms to provide
education and outreach to stakeholders with respect to the ability of
health professionals to bill for psychotherapy for crisis services
under the Medicare physician fee schedule under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) when such services are
furnished in an applicable site of service to a Medicare beneficiary
who is experiencing a mental or behavioral health crisis.
(c) Open Door Forum.--Not later than January 1, 2024, the Secretary
shall convene stakeholders and experts for an open door forum or other
appropriate mechanism to discuss current Medicare program coverage and
payment policies for services that can be furnished to provide care to
a Medicare beneficiary who is experiencing a mental or behavioral
health crisis.
(d) Education and Outreach on the Use of Peer Support Specialists
and Other Auxiliary Personnel in Furnishing of Psychotherapy for Crisis
Services and Behavioral Health Integration Services.--Not later than
January 1, 2024, the Secretary shall use existing communication
mechanisms to provide education and outreach to providers of services,
physicians, and practitioners with respect to the ability of auxiliary
personnel, including peer support specialists, to participate,
consistent with applicable requirements for auxiliary personnel, in the
furnishing of--
(1) psychotherapy for crisis services billed under the Medicare
physician fee schedule under section 1848 of the Social Security
Act (42 U.S.C. 1395w-4), as well as other services that can be
furnished to a Medicare beneficiary experiencing a mental or
behavioral health crisis; and
(2) behavioral health integration services.
(e) Definitions.--In this section:
(1) Applicable site of service.--The term ``applicable site of
service'' has the meaning given that term in section
1848(b)(12)(D)(i) of the Social Security Act, as added by
subsection (a).
(2) Behavioral health integration services.--The term
``behavioral health integration services'' means services
identified, as of January 1, 2022, by HCPCS codes 99484, 99492,
99493, 99494, and G2214 (and any successor or similar codes as
determined appropriate by the Secretary).
(3) Psychotherapy for crisis services.--The term
``psychotherapy for crisis services'' means services described in
1848(b)(12)(D)(ii) of the Social Security Act, as added by
subsection (a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
SEC. 4124. ENSURING ADEQUATE COVERAGE OF OUTPATIENT MENTAL HEALTH
SERVICES UNDER THE MEDICARE PROGRAM.
(a) Modification of Definition of Partial Hospitalization
Services.--Section 1861(ff)(1) of the Social Security Act (42 U.S.C.
1395x(ff)(1)) is amended by inserting ``for an individual determined
(not less frequently than monthly) by a physician to have a need for
such services for a minimum of 20 hours per week'' after ``prescribed
by a physician''.
(b) Coverage of Intensive Outpatient Services.--
(1) Scope of benefits.--
(A) Community mental health centers.--Section 1832(a)(2)(J)
of the Social Security Act (42 U.S.C. 1395k(a)(2)(J)) is
amended by inserting ``and intensive outpatient services''
after ``partial hospitalization services''.
(B) Incident-to services.--Section 1861(s)(2)(B) is amended
by inserting ``or intensive outpatient services'' after
``partial hospitalization services''.
(2) Definition.--Section 1861(ff) of the Social Security Act
(42 U.S.C. 1395x(ff)) is amended--
(A) in the header, by inserting ``; Intensive Outpatient
Services'' after ``Partial Hospitalization Services''; and
(B) by adding at the end the following new paragraph:
``(4) The term `intensive outpatient services' has the meaning
given the term `partial hospitalization services' in paragraph (1),
except that--
``(A) section 1835(a)(2)(F)(i) shall not apply;
``(B) the reference in such paragraph to an individual
`determined (not less frequently than monthly) by a physician to
have a need for such services for a minimum of 20 hours per week'
shall be treated as a reference to an individual `determined (not
less frequently than once every other month) by a physician to have
a need for such services for a minimum of 9 hours per week'; and
``(C) the reference to `a community mental health center (as
defined in subparagraph (B))' in paragraph (3) shall be treated as
a reference to `a community mental health center (as defined in
subparagraph (B)), a Federally qualified health center, or a rural
health clinic'.''.
(3) Exclusion from calculation of certain treatment costs.--
Section 1833(c)(2) of the Social Security Act (42 U.S.C.
1395l(c)(2)) is amended by inserting ``or intensive outpatient
services'' after ``partial hospitalization services''.
(4) Conforming amendments.--
(A) Intensive outpatient services.--Section 1861(aa) of the
Social Security Act (42 U.S.C. 1395x(aa)) is amended--
(i) in paragraph (1)--
(I) in subparagraph (B), by striking ``and'' at the
end;
(II) in subparagraph (C), by adding ``and'' at the
end; and
(III) by inserting after subparagraph (C) the
following new subparagraph:
``(D) intensive outpatient services (as defined in section
1861(ff)(4)),''; and
(ii) in paragraph (3), by striking ``through (C)'' and
inserting ``through (D)''.
(B) Provider of services.--Section 1866(e)(2) of the Social
Security Act (42 U.S.C. 1395cc(e)(2)) is amended by inserting
``, or intensive outpatient services (as described in section
1861(ff)(4))'' after ``partial hospitalization services (as
described in section 1861(ff)(1))''.
(c) Special Payment Rule for FQHCs and RHCs.--Section 1834 of the
Social Security Act (42 U.S.C. 1395m) is amended--
(1) in subsection (o), by adding at the end the following new
paragraph:
``(5) Special payment rule for intensive outpatient services.--
``(A) In general.--In the case of intensive outpatient
services furnished by a Federally qualified health center, the
payment amount for such services shall be equal to the amount
that would have been paid under this title for such services
had such services been covered OPD services furnished by a
hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the amount
of payment for Federally qualified health center services under
the prospective payment system under this subsection.''; and
(2) in subsection (y)--
(A) in the header, by striking ``to Hospice Patients''; and
(B) by adding at the end the following new paragraph:
``(3) Special payment rule for intensive outpatient services.--
``(A) In general.--In the case of intensive outpatient
services furnished by a rural health clinic, the payment amount
for such services shall be equal to the amount that would have
been paid under this title for such services had such services
been covered OPD services furnished by a hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the amount
of payment for rural health clinic services under the
methodology for all-inclusive rates (established by the
Secretary) under section 1833(a)(3).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to items and services furnished on or after January
1, 2024.
SEC. 4125. IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR
PSYCHIATRIC HOSPITALS AND PSYCHIATRIC UNITS.
(a) Improvements Through Additional Claims Data.--Section 1886(s)
of the Social Security Act (42 U.S.C. 1395ww(s)) is amended by adding
at the end the following new paragraph:
``(5) Additional data and information.--
``(A) In general.--The Secretary shall collect data and
information as the Secretary determines appropriate to revise
payments under the system described in paragraph (1) for
psychiatric hospitals and psychiatric units pursuant to
subparagraph (D) and for other purposes as determined
appropriate by the Secretary. The Secretary shall begin to
collect such data by not later than October 1, 2023.
``(B) Data and information.--The data and information to be
collected under subparagraph (A) may include--
``(i) charges, including those related to ancillary
services;
``(ii) the required intensity of behavioral monitoring,
such as cognitive deficit, suicide ideations, violent
behavior, and need for physical restraint; and
``(iii) interventions, such as detoxification services
for substance abuse, dependence on respirator, total
parenteral nutritional support, dependence on renal
dialysis, and burn care.
``(C) Method of collection.--The Secretary may collect the
additional data and information under subparagraph (A) on cost
reports, on claims, or otherwise.
``(D) Revisions to payment rates.--
``(i) In general.--Notwithstanding the preceding
paragraphs of this subsection or section 124 of the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement
Act of 1999, for rate year 2025 (and for any subsequent
rate year, if determined appropriate by the Secretary), the
Secretary shall, by regulation, implement revisions to the
methodology for determining the payment rates under the
system described in paragraph (1) for psychiatric hospitals
and psychiatric units, as the Secretary determines to be
appropriate. Such revisions may be based on a review of
data and information collected under subparagraph (A).
``(ii) Review.--The Secretary may make revisions to the
diagnosis-related group classifications, in accordance with
subsection (d)(4)(C), to reflect nursing and staff resource
use and costs involved in furnishing services at such
hospitals and units, including considerations for patient
complexity and prior admission to an inpatient psychiatric
facility, which may be based on review of data and
information collected under subparagraph (A), as the
Secretary determines to be appropriate.
``(iii) Budget neutrality.--Revisions in payment
implemented pursuant to clause (i) for a rate year shall
result in the same estimated amount of aggregate
expenditures under this title for psychiatric hospitals and
psychiatric units furnished in the rate year as would have
been made under this title for such care in such rate year
if such revisions had not been implemented.''.
(b) Improvements Through Standardized Patient Assessment Data.--
Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)), as
amended by subsection (a), is further amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking ``subparagraph
(C)'' and inserting ``subparagraphs (C) and (E)'';
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Standardized patient assessment data.--
``(i) In general.--For rate year 2028 and each
subsequent rate year, in addition to such data on the
quality measures described in subparagraph (C), each
psychiatric hospital and psychiatric unit shall submit to
the Secretary, through the use of a standardized assessment
instrument implemented under clause (iii), the standardized
patient assessment data described in clause (ii). Such data
shall be submitted with respect to admission and discharge
of an individual (and may be submitted more frequently as
the Secretary determines appropriate).
``(ii) Standardized patient assessment data
described.--For purposes of clause (i), the standardized
patient assessment data described in this clause, with
respect to a psychiatric hospital or psychiatric unit, is
data with respect to the following categories:
``(I) Functional status, such as mobility and self-
care at admission to a psychiatric hospital or unit and
before discharge from a psychiatric hospital or unit.
``(II) Cognitive function, such as ability to
express ideas and to understand, and mental status,
such as depression and dementia.
``(III) Special services, treatments, and
interventions for psychiatric conditions.
``(IV) Medical conditions and co-morbidities, such
as diabetes, congestive heart failure, and pressure
ulcers.
``(V) Impairments, such as incontinence and an
impaired ability to hear, see, or swallow.
``(VI) Other categories as determined appropriate
by the Secretary.
``(iii) Standardized assessment instrument.--
``(I) In general.--For purposes of clause (i), the
Secretary shall implement a standardized assessment
instrument that provides for the submission of
standardized patient assessment data under this title
with respect to psychiatric hospitals and psychiatric
units which enables comparison of such assessment data
across all such hospitals and units to which such data
are applicable.
``(II) Funding.--The Secretary shall provide for
the transfer, from the Federal Hospital Insurance Trust
Fund under section 1817 to the Centers for Medicare &
Medicaid Services Program Management Account, of
$10,000,000 for purposes of carrying out subclause
(I).''; and
(D) in subparagraph (F), as redesignated by subparagraph
(B) of this paragraph, by striking ``subparagraph (C)'' and
inserting ``subparagraphs (C) and (F)''; and
(2) by adding at the end the following new paragraph:
``(6) Additional considerations for diagnosis-related group
classifications.--
``(A) In general.--Notwithstanding the preceding paragraphs
of this subsection (other than paragraph (5)) or section 124 of
the Medicare, Medicaid, and SCHIP Balanced Budget Refinement
Act of 1999, beginning not later than rate year 2031, in
addition to any revisions pursuant to paragraph (5), the
Secretary shall, by regulation, implement revisions to the
methodology for determining the payment rates under the system
described in paragraph (1) for psychiatric hospitals and
psychiatric units, as the Secretary determines to be
appropriate, to take into account the patient assessment data
described in paragraph (4)(E)(ii).
``(B) Budget neutrality.--Revisions in payment implemented
pursuant to subparagraph (A) for a rate year shall result in
the same estimated amount of aggregate expenditures under this
title for psychiatric hospitals and psychiatric units furnished
in the rate year as would have been made under this title for
such care in such rate year if such revisions had not been
implemented.''.
(c) Improvements Through Inclusion of Patients' Perspective on Care
Quality Measure.--Section 1886(s)(4) of the Social Security Act (42
U.S.C. 1395ww(s)(4)) is amended--
(1) in subparagraph (D), by adding at the end the following new
clause:
``(iv) Patients' perspective on care.--Not later than
for rate year 2031, the quality measures specified under
this subparagraph shall include a quality measure of
patients' perspective on care.''; and
(2) in subparagraph (E), by inserting ``, including the quality
measure of patients' perspective on care described in subparagraph
(D)(iv),'' after ``shall report quality measures''.
SEC. 4126. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.
(a) In General.--Section 1877(e) of the Social Security Act (42
U.S.C. 1395nn(e)) is amended by adding at the end the following:
``(9) Physician wellness programs.--A bona fide mental health
or behavioral health improvement or maintenance program offered to
a physician by an entity, if--
``(A) such program--
``(i) consists of counseling, mental health services, a
suicide prevention program, or a substance use disorder
prevention and treatment program;
``(ii) is made available to a physician for the primary
purpose of preventing suicide, improving mental health and
resiliency, or providing training in appropriate strategies
to promote the mental health and resiliency of such
physician;
``(iii) is set out in a written policy, approved in
advance of the operation of the program by the governing
body of the entity providing such program (and which shall
be updated accordingly in advance to substantial changes to
the operation of such program), that includes--
``(I) a description of the content and duration of
the program;
``(II) a description of the evidence-based support
for the design of the program;
``(III) the estimated cost of the program;
``(IV) the personnel (including the qualifications
of such personnel) conducting the program; and
``(V) the method by which such entity will evaluate
the use and success of the program;
``(iv) is offered by an entity described in
subparagraph (B) with a formal medical staff to all
physicians who practice in the geographic area served by
such entity, including physicians who hold bona fide
appointments to the medical staff of such entity or
otherwise have clinical privileges at such entity;
``(v) is offered to all such physicians on the same
terms and conditions and without regard to the volume or
value of referrals or other business generated by a
physician for such entity;
``(vi) is evidence-based and conducted by a qualified
health professional; and
``(vii) meets such other requirements the Secretary may
impose by regulation as needed to protect against program
or patient abuse;
``(B) such entity is--
``(i) a hospital;
``(ii) an ambulatory surgical center;
``(iii) a community health center;
``(iv) a rural emergency hospital;
``(v) a rural health clinic;
``(vi) a skilled nursing facility; or
``(vii) a similar entity, as determined by the
Secretary; and
``(C) neither the provision of such program, nor the value
of such program, are contingent upon the number or value of
referrals made by a physician to such entity or the amount or
value of other business generated by such physician for the
entity.''.
(b) Exception Under the Anti-kickback Statute.--Section 1128B(b)(3)
of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) in subparagraph (J), by striking ``and'' at the end;
(2) in subparagraph (K), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(L) a bona fide mental health or behavioral health
improvement or maintenance program, if--
``(i) such program--
``(I) consists of counseling, mental health services, a
suicide prevention program, or a substance use disorder
prevention and treatment program;
``(II) is made available to a physician or other
clinician for the primary purpose of preventing suicide,
improving mental health and resiliency, or providing
training in appropriate strategies to promote the mental
health and resiliency of such physician or other clinician;
``(III) is set out in a written policy, approved in
advance of the operation of the program by the governing
body of the entity providing such program (and which shall
be updated accordingly in advance to substantial changes to
the operation of such program), that includes--
``(aa) a description of the content and duration of
the program;
``(bb) a description of the evidence-based support
for the design of the program;
``(cc) the estimated cost of the program;
``(dd) the personnel (including the qualifications
of such personnel) implementing the program; and
``(ee) the method by which such entity will
evaluate the use and success of the program;
``(IV) is offered by an entity described in clause (ii)
with a formal medical staff to all physicians and other
clinicians who practice in the geographic area served by
such entity, including physicians who hold bona fide
appointments to the medical staff of such entity or
otherwise have clinical privileges at such entity;
``(V) is offered to all such physicians and clinicians
on the same terms and conditions and without regard to the
volume or value of referrals or other business generated by
a physician or clinician for such entity;
``(VI) is evidence-based and conducted by a qualified
health professional; and
``(VII) meets such other requirements the Secretary may
impose by regulation as needed to protect against program
or patient abuse;
``(ii) such entity is--
``(I) a hospital;
``(II) an ambulatory surgical center;
``(III) a community health center;
``(IV) a rural emergency hospital;
``(V) a skilled nursing facility; or
``(VI) any similar entity, as determined by the
Secretary; and
``(iii) neither the provision of such program, nor the
value of such program, are contingent upon the number or value
of referrals made by a physician or other clinician to such
entity or the amount or value of other business generated by
such physician for the entity.''.
SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK STATUTE
FOR CERTAIN CONTINGENCY MANAGEMENT INTERVENTIONS.
Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a-7d(a))
is amended by adding at the end the following new paragraph:
``(3) Consideration of safe harbor for certain contingency
management interventions.--
``(A) In general.--Not later than one year after the date
of the enactment of this paragraph, the Inspector General shall
conduct a review on whether to establish a safe harbor
described in paragraph (1)(A)(ii) for evidence-based
contingency management incentives and the parameters for such a
safe harbor. In conducting the review under the previous
sentence, the Inspector General shall consider the extent to
which providing such a safe harbor for evidence-based
contingency management incentives may result in any of the
factors described in paragraph (2).
``(B) Report.--Not later than two years after the date of
the enactment of this paragraph, the Secretary and the
Inspector General shall submit to Congress recommendations,
including based on the review conducted under subparagraph (A),
for improving access to evidence-based contingency management
interventions while ensuring quality of care, ensuring fidelity
to evidence-based practices, and including strong program
integrity safeguards that prevent increased waste, fraud, and
abuse and prevent medically unnecessary or inappropriate items
or services reimbursed in whole or in part by a Federal health
care program.''.
SEC. 4128. PROVIDER OUTREACH AND REPORTING ON CERTAIN BEHAVIORAL HEALTH
INTEGRATION SERVICES.
(a) Outreach.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall conduct outreach to
physicians and appropriate non-physician practitioners participating
under the Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) with respect to behavioral health integration
services described by any of HCPCS codes 99492 through 99494 or 99484
(or any successor code). Such outreach shall include a comprehensive,
one-time education initiative to inform such physicians and
practitioners of the inclusion of such services as a covered benefit
under the Medicare program, including describing the requirements to
bill for such codes and the requirements for beneficiary eligibility
for such services.
(b) Reports to Congress.--
(1) Provider outreach.--Not later than 1 year after the date of
the completion of the education initiative described in subsection
(a), the Secretary shall submit to the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report
on the outreach conducted under such subsection. Such report shall
include a description of the methods used for such outreach.
(2) Utilization rates.--Not later than 18 months after the date
of the completion of the education initiative described in
subsection (a), and two years thereafter, the Secretary shall
submit to the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Finance of the Senate a report on the number of
Medicare beneficiaries (including those beneficiaries accessing
services in rural and underserved areas) who, during the preceding
year, were furnished services described in subsection (a) for which
payment was made under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
SEC. 4129. OUTREACH AND REPORTING ON OPIOID USE DISORDER TREATMENT
SERVICES FURNISHED BY OPIOID TREATMENT PROGRAMS.
(a) Outreach.--
(1) Provider outreach.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
conduct outreach to physicians and appropriate non-physician
practitioners participating under the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with
respect to opioid use disorder treatment services furnished by an
opioid treatment program (as defined in section 1861(jjj) of the
Social Security Act (42 U.S.C. 1395x(jjj))). Such outreach shall
include a comprehensive, one-time education initiative to inform
such physicians and practitioners of the inclusion of such services
as a covered benefit under the Medicare program, including
describing the requirements for billing and the requirements for
beneficiary eligibility for such services.
(2) Beneficiary outreach.--The Secretary shall conduct outreach
to Medicare beneficiaries with respect to opioid use disorder
treatment services furnished by an opioid treatment program (as
defined in section 1861(jjj) of the Social Security Act (42 U.S.C.
1395x(jjj))), including a comprehensive, one-time education
initiative informing such beneficiaries about the eligibility
requirements to receive such services.
(b) Reports to Congress.--
(1) Outreach.--Not later than 1 year after the date of the
completion of the education initiatives described in subsection
(a), the Secretary shall submit to the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report
on the outreach conducted under such subsection. Such report shall
include a description of the methods used for such outreach.
(2) Utilization rates.--Not later than 18 months after the date
of the completion of the education initiatives described in
subsection (a), and two years thereafter, the Secretary shall
submit to the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Finance of the Senate a report on the number of
Medicare beneficiaries who, during the preceding year, were
furnished opioid use disorder treatment services by an opioid
treatment program (as defined in section 1861(jjj) of the Social
Security Act (42 U.S.C. 1395x(jjj))) for which payment was made
under title XVIII of such Act (42 U.S.C. 1395 et seq.).
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.
(a) Study.--
(1) In general.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General'') shall
conduct a study that compares the mental health and substance use
disorder benefits offered by Medicare Advantage plans (including
specialized MA plans for special needs individuals, as defined in
section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w-
28(b)(6)) under part C of title XVIII of such Act with--
(A) benefits (other than mental health and substance use
disorder benefits) offered by such Medicare Advantage plans;
and
(B) the mental health and substance use disorder benefits
under the original Medicare fee-for-service program under parts
A and B of such title XVIII.
(2) Analysis.--To the extent data is available and reliable,
the study under paragraph (1) shall include an analysis of--
(A) out-of-pocket expenses for in-network care;
(B) the use of prior authorization and other utilization
management tools;
(C) the mental health and substance use disorder benefits
offered; and
(D) other items determined appropriate by the Comptroller
General.
(3) Plan and service specific.--To the extent practicable, the
study under paragraph (1) shall examine differences by type of
Medicare Advantage plan and type of item or service.
(4) Both required and supplemental benefits.--For purposes of
the study under paragraph (1), benefits offered by Medicare
Advantage plans (including specialized MA plans for special needs
individuals) under part C of title XVIII of the Social Security Act
shall include both and differentiate between--
(A) benefits under the original Medicare fee-for-service
program, as described in section 1852(a)(1)(B) of such Act (42
U.S.C. 1395w-22(a)(1)(B)); and
(B) supplemental health care benefits, as described in
section 1852(a)(3)(A) of such Act (42 U.S.C. 1395w-
22(a)(3)(A)).
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the study conducted under subsection (a).
Subtitle D--Other Medicare Provisions
SEC. 4131. TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL DRUGS AS
COVERED PART D DRUG.
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
(1) in subparagraph (A), by striking at the end ``or'';
(2) in subparagraph (B), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for the period beginning on the date of the enactment
of this subparagraph and ending on December 31, 2024, an oral
antiviral drug that may be dispensed only upon a prescription
and is authorized under section 564 of the Federal Food, Drug,
and Cosmetic Act, on the basis of the declaration published in
the Federal Register by the Secretary of Health and Human
Services on April 1, 2020 (85 Fed. Reg. 18250 et seq.),''.
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D PAYMENT DATA.
Section 1860D-15(f)(2) of the Social Security Act (42 U.S.C.
1395w-115(f)(2)) is amended--
(1) in subparagraph (B), by striking at the end ``and'';
(2) in subparagraph (C), by striking at the end the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) by the Director of the Congressional Budget Office
for the purposes of analysis of programs authorized under the
Social Security Act, as applicable, and the fulfilment of such
Director's duties under the Congressional Budget and
Impoundment Control Act of 1974.''.
SEC. 4133. MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA COMPRESSION
TREATMENT ITEMS.
(a) Coverage.--
(1) In general.--Section 1861 of the Social Security Act (42
U.S.C. 1395x), as amended by section 4121(a), is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (HH), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (II), by striking the period at
the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(JJ) lymphedema compression treatment items (as defined in
subsection (mmm));''; and
(B) by adding at the end the following new subsection:
``(mmm) Lymphedema Compression Treatment Items.--The term
`lymphedema compression treatment items' means standard and custom
fitted gradient compression garments and other items determined by the
Secretary that are--
``(1) furnished on or after January 1, 2024, to an individual
with a diagnosis of lymphedema for the treatment of such condition;
``(2) primarily and customarily used to serve a medical purpose
and for the treatment of lymphedema, as determined by the
Secretary; and
``(3) prescribed by a physician (or a physician assistant,
nurse practitioner, or a clinical nurse specialist (as those terms
are defined in section 1861(aa)(5)) to the extent authorized under
State law).''.
(2) Payment.--
(A) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) , as amended by section 4121(a), is
amended--
(i) by striking ``and'' before ``(FF)''; and
(ii) by inserting before the semicolon at the end the
following: ``, and (GG) with respect to lymphedema
compression treatment items (as defined in section
1861(mmm)), the amount paid shall be equal to 80 percent of
the lesser of the actual charge or the amount determined
under the payment basis determined under section 1834(z)''.
(B) Payment basis and limitations.--Section 1834 of the
Social Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following new subsection:
``(z) Payment for Lymphedema Compression Treatment Items.--
``(1) In general.--The Secretary shall determine an appropriate
payment basis for lymphedema compression treatment items (as
defined in section 1861(mmm)). In making such a determination, the
Secretary may take into account payment rates for such items under
State plans (or waivers of such plans) under title XIX, the
Veterans Health Administration, and group health plans and health
insurance coverage (as such terms are defined in section 2791 of
the Public Health Service Act), and such other information as the
Secretary determines appropriate.
``(2) Frequency limitation.--No payment may be made under this
part for lymphedema compression treatment items furnished other
than at such frequency as the Secretary may establish.
``(3) Application of competitive acquisition.--In the case of
lymphedema compression treatment items that are included in a
competitive acquisition program in a competitive acquisition area
under section 1847(a)--
``(A) the payment basis under this subsection for such
items furnished in such area shall be the payment basis
determined under such competitive acquisition program; and
``(B) the Secretary may use information on the payment
determined under such competitive acquisition programs to
adjust the payment amount otherwise determined under this
subsection for an area that is not a competitive acquisition
area under section 1847, and in the case of such adjustment,
paragraphs (8) and (9) of section 1842(b) shall not be
applied.''.
(3) Conforming amendment.--Section 1847(a)(2) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding at the
end the following new subparagraph:
``(D) Lymphedema compression treatment items.--Lymphedema
compression treatment items (as defined in section 1861(mmm))
for which payment would otherwise be made under section
1834(z).''.
(b) Inclusion in Requirements for Suppliers of Medical Equipment
and Supplies.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended--
(1) in subsection (a)(20)(D), by adding at the end the
following new clause:
``(iv) Lymphedema compression treatment items (as
defined in section 1861(mmm)).''.
(2) in subsection (j)(5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph:
``(E) lymphedema compression treatment items (as defined in
section 1861(mmm));''.
SEC. 4134. PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)(Z) by inserting ``, and items and
services furnished on or after January 1, 2024, related to the
administration of intravenous immune globulin,'' after
``globulin''; and
(2) in subsection (zz), by inserting ``furnished before January
1, 2024,'' after ``but not including items or services''.
(b) Payment.--Section 1842(o) of the Social Security Act (42 U.S.C.
1395u(o)) is amended by adding at the end the following new paragraph:
``(8) In the case of intravenous immune globulin described in
section 1861(s)(2)(Z) that are furnished on or after January 1,
2024, to an individual by a supplier in the patient's home, the
Secretary shall provide for a separate bundled payment to the
supplier for all items and services related to the administration
of such intravenous immune globulin to such individual in the
patient's home during a calendar day in an amount that the
Secretary determines to be appropriate, which may be based on the
payment established pursuant to subsection (d) of section 101 of
the Medicare IVIG Access and Strengthening Medicare and Repaying
Taxpayers Act of 2012. For purposes of the preceding sentence, such
separate bundled payment shall not apply in the case of an
individual receiving home health services under section 1895.''.
(c) Clarification With Respect to Payment for the In-home
Administration of IVIG Items and Services.--Section 1834(j)(5) of the
Social Security Act (42 U.S.C. 1395m(j)(5)) is amended--
(1) by redesignating subparagraphs (E) and (F) as subparagraphs
(F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) items and services related to the administration of
intravenous immune globulin furnished on or after January 1,
2024, as described in section 1861(zz);''.
(d) Coinsurance.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1), as amended by section 4121(a) and section 4133(a),
is amended--
(1) by striking ``and'' before ``(GG)''; and
(2) by inserting before the semicolon at the end the following:
``, and (HH) with respect to items and services related to the
administration of intravenous immune globulin furnished on or after
January 1, 2024, as described in section 1861(zz), the amounts paid
shall be the lesser of the 80 percent of the actual charge or the
payment amount established under section 1842(o)(8)''.
(e) Additional Funding for Medicare IVIG Demonstration Project.--
(1) Funding.--There is authorized to be appropriated, and there
is hereby appropriated, out of any monies in the Treasury not
otherwise appropriated, $4,300,000 for purposes of paying for items
and services furnished under the demonstration project established
by the Medicare IVIG Access and Strengthening Medicare and Repaying
Taxpayers Act of 2012 (42 U.S.C. 1395l note).
(2) Supplement, not supplant.--Any amounts appropriated
pursuant to this subsection shall be in addition to any other
amounts otherwise appropriated pursuant to any other provision of
law.
SEC. 4135. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended--
(1) in paragraph (2)(E), by inserting ``and temporary
additional payments for non-opioid treatments for pain relief under
paragraph (16)(G),'' after ``payments under paragraph (6)''; and
(2) in paragraph (16), by adding at the end the following new
subparagraph:
``(G) Temporary additional payments for non-opioid
treatments for pain relief.--
``(i) In general.--Notwithstanding any other provision
of this subsection, with respect to a non-opioid treatment
for pain relief (as defined in clause (iv)) furnished on or
after January 1, 2025, and before January 1, 2028, the
Secretary shall not package payment for such non-opioid
treatment for pain relief into a payment for a covered OPD
service (or group of services), and shall make an
additional payment as specified in clause (ii) for such
non-opioid treatment for pain relief.
``(ii) Amount of payment.--Subject to the limitation
under clause (iii), the amount of the payment specified in
this clause is, with respect to a non-opioid treatment for
pain relief that is--
``(I) a drug or biological product, the amount of
payment for such drug or biological determined under
section 1847A that exceeds the portion of the otherwise
applicable Medicare OPD fee schedule that the Secretary
determines is associated with the drug or biological;
or
``(II) a medical device, the amount of the
hospital's charges for the device, adjusted to cost,
that exceeds the portion of the otherwise applicable
Medicare OPD fee schedule that the Secretary determines
is associated with the device.
``(iii) Limitation.--The additional payment amount
specified in clause (ii) shall not exceed the estimated
average of 18 percent of the OPD fee schedule amount for
the OPD service (or group of services) with which the non-
opioid treatment for pain relief is furnished, as
determined by the Secretary.
``(iv) Definition of non-opioid treatment for pain
relief.--In this subparagraph, the term `non-opioid
treatment for pain relief' means a drug, biological
product, or medical device that--
``(I) in the case of a drug or biological product,
has a label indication approved by the Food and Drug
Administration to reduce postoperative pain, or produce
postsurgical or regional analgesia, without acting upon
the body's opioid receptors;
``(II) in case of a medical device, is used to
deliver a therapy to reduce postoperative pain, or
produce postsurgical or regional analgesia, and has--
``(aa) an application under section 515 of the
Federal Food, Drug, and Cosmetic Act that has been
approved with respect to the device, been cleared
for market under section 510(k) of such Act, or is
exempt from the requirements of section 510(k) of
such Act pursuant to subsection (l) or (m) or
section 510 of such Act or section 520(g) of such
Act; and
``(bb) demonstrated the ability to replace,
reduce, or avoid intraoperative or postoperative
opioid use or the quantity of opioids prescribed in
a clinical trial or through data published in a
peer-reviewed journal;
``(III) does not receive transitional pass-through
payment under paragraph (6); and
``(IV) has payment that is packaged into a payment
for a covered OPD service (or group of services).''.
(b) Ambulatory Surgical Center Payment System.--Section 1833(i) of
the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at
the end the following new paragraph:
``(10) Temporary additional payments for non-opioid treatments
for pain relief.--
``(A) In general.--In the case of surgical services
furnished on or after January 1, 2025, and before January 1,
2028, the payment system described in paragraph (2)(D)(i) shall
provide, in a budget-neutral manner, for an additional payment
for a non-opioid treatment for pain relief (as defined in
clause (iv) of subsection (t)(16)(G)) furnished as part of such
services in the amount specified in clause (ii) of such
subsection, subject to the limitation under clause (iii) of
such subsection.
``(B) Transition.--A drug or biological that meets the
requirements of section 416.174 of title 42, Code of Federal
Regulations (or any successor regulation) and is a non-opioid
treatment for pain relief (as defined in clause (iv) of
subsection (t)(16)(G)) shall receive additional payment in the
amount specified in clause (ii) of such subsection, subject to
the limitation under clause (iii) of such subsection.''.
(c) Evaluation of Coverage and Payment for Non-opioid Therapies and
Therapeutic Services for Pain Management.--
(1) Report to congress.--Not later than January 1, 2028, the
Secretary of Health and Human Services (in this subsection referred
to as the ``Secretary'') shall submit to Congress a report--
(A) identifying limitations, gaps, barriers to access, or
deficits in Medicare coverage or reimbursement for restorative
therapies, behavioral approaches, and complementary and
integrative health services that are identified in the Pain
Management Best Practices Inter-Agency Task Force Report and
that have demonstrated the ability to replace or reduce opioid
consumption;
(B) recommending actions to address the limitations, gaps,
barriers to access, or deficits identified under subparagraph
(A) to improve Medicare coverage and reimbursement for such
therapies, approaches, and services; and
(C) comparing, for the 12-month period following the first
6 months in which additional payment for non-opioid treatments
for pain relief (as defined in clause (iv) of section
1833(t)(16)(G) of the Social Security Act, as added by
subsection (a)) is made under such section 1833(t)(16)(G)--
(i) with respect to Medicare beneficiaries who received
a non-opioid treatment for pain relief (as so defined) as
part of a covered OPD service, the quantity of opioids
administered, dispensed, and prescribed for the same
covered OPD service, including postoperative management;
and
(ii) with respect to Medicare beneficiaries who did not
receive a non-opioid treatment for pain relief (as so
defined) as part of the same covered OPD service in clause
(i)), the quantity of opioids administered, dispensed, and
prescribed for the same covered OPD service, including
postoperative management.
(2) Reporting standard and public consultation.--In developing
the report described in paragraph (1), the Secretary shall compare
results from nationally represented samples of beneficiaries and
consult with relevant stakeholders as determined appropriate by the
Secretary.
(3) Exclusive treatment.--Any drug, biological product, or
medical device that is a non-opioid treatment for pain relief (as
defined in section 1833(t)(16)(G)(iv) of the Social Security Act,
as added by subsection (a)) shall not be considered a therapeutic
service for purposes of the report under paragraph (1).
SEC. 4136. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT FOR
DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY DEVICES.
(a) In General.--Section 1834(s) of the Social Security Act (42
U.S.C. 1395m(s)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Payment.--
``(A) In general.--The separate payment amount established
under this paragraph for an applicable disposable device for a
year shall be equal to--
``(i) for a year before 2024, the amount of the payment
that would be made under section 1833(t) (relating to
payment for covered OPD services) for the year for the
Level I Healthcare Common Procedure Coding System (HCPCS)
code for which the description for a professional service
includes the furnishing of such device;
``(ii) for 2024, the supply price used to determine the
relative value for the service under the fee schedule under
section 1848 (as of January 1, 2022) for the applicable
disposable device, updated by the specified adjustment
described in subparagraph (B) for such year; and
``(iii) for 2025 and each subsequent year, the payment
amount established under this paragraph for such device for
the previous year, updated by the specified adjustment
described in subparagraph (B) for such year.
``(B) Specified adjustment.--
``(i) In general.--For purposes of subparagraph (A),
the specified adjustment described in this subparagraph for
a year is equal to--
``(I) the percentage increase in the consumer price
index for all urban consumers (United States city
average) for the 12-month period ending in June of the
previous year; minus
``(II) the productivity adjustment described in
section 1886(b)(3)(B)(xi)(II) for such year.
``(ii) Clarification on application of the productivity
adjustment.--The application of clause (i)(II) may result
in a specified adjustment of less than 0.0 for a year, and
may result in the separate payment amount under this
subsection for an applicable device for a year being less
than such separate payment amount for such device for the
preceding year.
``(C) Exclusion of nursing and therapy services from
separate payment.--With respect to applicable devices furnished
on or after January 1, 2024, the separate payment amount
determined under this paragraph shall not include payment for
nursing or therapy services described in section 1861(m).
Payment for such nursing or therapy services shall be made
under the prospective payment system established under section
1895 and shall not be separately billable.''; and
(2) by adding at the end the following new paragraph:
``(4) Implementation.--As part of submitting claims for the
separate payment established under this subsection, beginning with
2024, the Secretary shall accept and process claims submitted using
the type of bill that is most commonly used by home health agencies
to bill services under a home health plan of care.''.
SEC. 4137. EXTENSION OF CERTAIN HOME HEALTH RURAL ADD-ON PAYMENTS.
Subsection (b)(1)(B) of section 421 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b)
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat.
46), section 3131(c) of the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 428), section 210 of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114-10; 129 Stat.
151), and section 50208 of the Bipartisan Budget Act of 2018 (Public
Law 115-123; 132 Stat. 187) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) in the case of episodes and visits ending during
2023, by 1 percent; and''.
SEC. 4138. REMEDYING ELECTION REVOCATIONS RELATING TO ADMINISTRATION OF
COVID-19 VACCINES.
(a) In General.--Section 1821(b)(5)(A) of the Social Security Act
(42 U.S.C. 1395i-5(b)(5)(A)) is amended--
(1) in clause (i), by striking ``or'' or at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iii) effective beginning on the date of the
enactment of this clause, that is a COVID-19 vaccine and
its administration described in section 1861(s)(10)(A).''.
(b) Special Rules for COVID-19 Vaccines Relating to Revocation of
Election.--Notwithstanding paragraphs (3) and (4) of section 1821(b) of
the Social Security Act (42 U.S.C. 1395i-5(b)), in the case of an
individual with a revocation of an election under such section prior to
the date of enactment of this Act by reason of receiving a COVID-19
vaccine and its administration described in section 1861(s)(10)(A) of
such Act (42 U.S.C. 1395x(s)(10)(A)), the following rules shall apply:
(1) Beginning on such date of enactment, such individual may
make an election under such section, which shall take effect
immediately upon its execution, if such individual would be
eligible to make such an election if they had not received such
COVID-19 vaccine and its administration.
(2) Such revoked election shall not be taken into account for
purposes of determining the effective date for an election
described in subparagraph (A) or (B) of such paragraph (4).
SEC. 4139. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER THE
MEDICARE PROGRAM.
(a) Areas Other Than Rural and Noncontiguous Areas.--The Secretary
shall implement section 414.210(g)(9)(v) of title 42, Code of Federal
Regulations (or any successor regulation), to apply the transition rule
described in the first sentence of such section to all applicable items
and services furnished in areas other than rural or noncontiguous areas
(as such terms are defined for purposes of such section) through the
remainder of the duration of the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))
or December 31, 2023, whichever is later.
(b) All Areas.--The Secretary shall not implement section
414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any
successor regulation) until the date immediately following the last day
of the emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), or January 1, 2024,
whichever is later.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the provisions of this section by program
instruction or otherwise.
SEC. 4140. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS AND
FLEXIBILITIES.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1866F the following new section:
``SEC. 1866G. EXTENSION OF ACUTE HOSPITAL CARE AT HOME INITIATIVE.
``(a) In General.--
``(1) Extension.--With respect to inpatient hospital admissions
occurring during the period beginning on the first day after the
end of the emergency period described in section 1135(g)(1)(B) and
ending on December, 31, 2024, the Secretary of Health and Human
Services shall grant waivers and flexibilities (as described in
paragraph (2)) to an individual hospital that submits a request for
such waivers and flexibilities and meets specified criteria (as
described in paragraph (3)) in order to participate in the Acute
Hospital Care at Home initiative of the Secretary.
``(2) Acute hospital care at home waivers and flexibilities.--
For the purposes of paragraph (1), the waivers and flexibilities
described in this paragraph are the following waivers and
flexibilities that were made available to individual hospitals
under the Acute Hospital Care at Home initiative of the Secretary
during the emergency period described in section 1135(g)(1)(B):
``(A) Subject to paragraph (3)(D), waiver of the
requirements to provide 24-hour nursing services on premises
and for the immediate availability of a registered nurse under
section 482.23(b) of title 42, Code of Federal Regulations (or
any successor regulation), and the waivers of the physical
environment and Life Safety Code requirements under section
482.41 of title 42, Code of Federal Regulations (or any
successor regulation).
``(B) Flexibility to allow a hospital to furnish inpatient
services, including routine services, outside the hospital
under arrangements, as described in Medicare Program: Hospital
Outpatient Prospective Payment and Ambulatory Surgical Center
Payment Systems and Quality Reporting Programs; Organ
Acquisition; Rural Emergency Hospitals: Payment Policies,
Conditions of Participation, Provider Enrollment, Physician
Self-Referral; New Service Category for Hospital Outpatient
Department Prior Authorization Process; Overall Hospital
Quality Star Rating; COVID-19 (87 Fed. Reg. 71748 et seq.).
``(C) Waiver of the telehealth requirements under clause
(i) of section 1834(m)(4)(C), as amended by section 4113(a) of
the Health Extenders, Improving Access to Medicare, Medicaid,
and CHIP, and Strengthening Public Health Act of 2022, such
that the originating sites described in clause (ii) of such
section shall include the home or temporary residence of the
individual.
``(D) Other waivers and flexibilities that, as of the date
of enactment of this section, were in place for such initiative
during such emergency period.
``(3) Specified criteria.--For purposes of paragraph (1), the
specified criteria for granting such waivers and flexibilities to
individual hospitals are:
``(A) The hospital shall indicate to the Secretary the
criteria it would use to ensure that hospital services be
furnished only to an individual who requires an inpatient level
of care, and shall require that a physician document in the
medical record of each such individual that the individual
meets such criteria.
``(B) The hospital and any other entities providing
services under arrangements with the hospital shall ensure that
the standard of care to treat an individual at home is the same
as the standard of care to treat such individual as an
inpatient of the hospital.
``(C) The hospital shall ensure that an individual is only
eligible for services under paragraph (1) if the individual is
a hospital inpatient or is a patient of the hospital's
emergency department for whom the hospital determines that an
inpatient level of care is required (as described in
subparagraph (A)).
``(D) The hospital shall meet all patient safety standards
determined appropriate by the Secretary, in addition to those
that otherwise apply to the hospital, except those for which
the waivers and flexibilities under this subsection apply.
``(E) The hospital shall provide to the Secretary, at a
time, form and manner determined by the Secretary, any data and
information the Secretary determines necessary to do the
following:
``(i) Monitor the quality of care furnished, and to the
extent practicable, ensure the safety of individuals and
analyze costs of such care.
``(ii) Undertake the study described in subsection (b).
``(F) The hospital meets such other requirements and
conditions as the Secretary determines appropriate.
``(4) Termination.--The Secretary may terminate a hospital from
participation in such initiative (and the waivers and flexibilities
applicable to such hospital) if the Secretary determines that the
hospital no longer meets the criteria described in paragraph (3).
``(b) Study and Report.--
``(1) In general.--The Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the criteria
established by hospitals under the Acute Hospital Care at Home
initiative of the Secretary to determine which individuals may
be furnished services under such initiative; and
``(B) analyze and compare, to the extent practicable--
``(i) quality of care furnished to individuals with
similar conditions and characteristics in the inpatient
setting and through the Acute Hospital Care at Home
initiative, including health outcomes, hospital readmission
rates, hospital mortality rates, length of stay, infection
rates, and patient experience of care;
``(ii) clinical conditions treated and diagnosis-
related groups of discharges from the inpatient setting and
under the Acute Hospital Care at Home initiative;
``(iii) costs incurred by furnishing care in the
inpatient setting and through the Acute Hospital Care at
Home initiative;
``(iv) the quantity, mix and intensity of such services
(such as in-person visits and virtual contacts with
patients) furnished in the Acute Hospital Care at Home
initiative and furnished in the inpatient setting; and
``(v) socioeconomic information on beneficiaries
treated under the initiative, including racial and ethnic
data, income, and whether such beneficiaries are dually
eligible for benefits under this title and title XIX.
``(2) Report.--Not later than September 30, 2024, the Secretary
of Health and Human Services shall post on a website of the Centers
for Medicare & Medicaid Services a report on the study conducted
under paragraph (1).
``(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out of
any amounts in the Treasury not otherwise appropriated, $5,000,000,
to remain available until expended, for purposes of carrying out
this subsection.
``(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement this section by program instruction or
otherwise.
``(d) Publicly Available Information.--The Secretary shall, as
feasible, make the information collected under subsections (a)(3)(E)
and (b)(1) available on the Medicare.gov internet website (or a
successor website).''.
SEC. 4141. EXTENSION OF PASS-THROUGH STATUS UNDER THE MEDICARE PROGRAM
FOR CERTAIN DEVICES IMPACTED BY COVID-19.
(a) In General.--Section 1833(t)(6) of the Social Security Act (42
U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (B)(iii), in the matter preceding subclause
(I), by striking ``A category'' and inserting ``Subject to
subparagraph (K), a category''; and
(2) by adding at the end the following new subparagraph:
``(K) Pass-through extension for certain devices.--
``(i) In general.--In the case of a device whose period
of pass-through status under this paragraph will end on
December 31, 2022, such pass-through status shall be
extended for a 1-year period beginning on January 1, 2023.
``(ii) No adjustment for packaged costs.--For purposes
of the 1-year period described in clause (i), the Secretary
shall not remove the packaged costs of such device (as
determined by the Secretary) from the payment amount under
this subsection for a covered OPD service (or group of
services) with which it is packaged.
``(iii) No application of aggregate limit or budget
neutrality.--Notwithstanding any other provision of this
subsection, this subparagraph shall not be taken into
account--
``(I) in applying the limit on annual aggregate
adjustments under subparagraph (E) for 2023; or
``(II) in making any budget neutrality adjustments
under this subsection for 2023.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Service may implement the amendments
made by subsection (a) by program instruction or otherwise.
SEC. 4142. INCREASING TRANSPARENCY FOR HOME HEALTH PAYMENTS UNDER THE
MEDICARE PROGRAM.
(a) Transparency.--In notice and comment rulemaking used to
implement section 1895(b)(3)(D) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(D), the Secretary of Health and Human Services (referred
to in this section as the ``Secretary'') shall, on the date of the
notice of proposed rulemaking, make available through the internet
website of the Centers for Medicare & Medicaid Services the following:
(1) Electronic data files showing the Centers for Medicare &
Medicaid Services simulation of 60-day episodes under the home
health prospective payment system in effect prior to the Patient
Driven Groupings Model using data from 30-day periods paid under
such Model, if such data are used in determining payment
adjustments under clauses (ii) or (iii) of such section
1895(b)(3)(D).
(2) To the extent practicable, a description of actual behavior
changes, as described in clause (i) of such section 1895(b)(3)(D),
including behavior changes as a result of the implementation of
sections 1895(b)(2)(B) and 1895(b)(4)(B) of the Social Security Act
(42 U.S.C. 1395fff(b)(2)(B) and 1395(b)(4)(B)) that occurred in
calendar years 2020 through 2026.
(b) Engagement With Stakeholders.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall use an open door
forum, a town hall meeting, a web-based forum, or other appropriate
mechanism to receive input from home health stakeholders and
interested parties on Medicare home health payment rate
development, including the items described in paragraphs (1) and
(2) of subsection (a) with respect to the home health prospective
payment system rate for calendar year 2023.
(2) Requirement.--At least 30 days before the forum, meeting,
or other mechanism referred to in paragraph (1), the Secretary
shall make available through the internet website of the Centers
for Medicare & Medicaid Services the items described in paragraphs
(1) and (2) of subsection (a) with respect to the home health
prospective payment system rate for calendar year 2023 as finalized
in the final rule entitled ``Medicare Program; Calendar Year 2023
Home Health Prospective Payment System Rate Update; Home Health
Quality Reporting Program Requirements; Home Health Value-Based
Purchasing Expanded Model Requirements; and Home Infusion Therapy
Services Requirements'' published in the Federal Register on
November 4, 2022 (87 Fed. Reg. 66790).
(c) Construction.--Nothing in this section shall be construed to
require any change in the methodology used by the Secretary to
implement such section 1895(b)(3)(D), to restrict the Secretary's
discretion in establishing the methodology to implement such section,
or to suggest that the Secretary's promulgation of the methodology
implementing such Calendar Year 2023 home health final rule was
inadequate under Chapter 5 of title 5, United States Code (commonly
known as the ``Administrative Procedures Act'') or any other provision
of law.
SEC. 4143. WAIVER OF CAP ON ANNUAL PAYMENTS FOR NURSING AND ALLIED
HEALTH EDUCATION PAYMENTS.
(a) In General.--Section 1886(l)(2)(B) of the Social Security Act
(42 U.S.C. 1395ww(l)(2)(B)) is amended--
(1) by striking ``payments.--Such ratio'' and inserting
``payments.--
``(i) In general.--Subject to clause (ii), such
ratio''; and
(2) by adding at the end the following new clause:
``(ii) Exception to annual limitation for each of 2010
through 2019.--For each of 2010 through 2019, the
limitation under clause (i) on the total amount of
additional payments for nursing and allied health education
to be distributed to hospitals under this subsection for
portions of cost reporting periods occurring in the year
shall not apply to such payments made in such year to those
hospitals that, as of the date of the enactment of this
clause, are operating a school of nursing, a school of
allied health, or a school of nursing and allied health.''.
(b) No Affect on Payments for Direct Graduate Medical Education.--
Section 1886(h)(3)(D)(iii) of the Social Security Act (42 U.S.C.
1395ww(h)(3)(D)(iii)) is amended by adding at the end the following
sentence: ``In applying the preceding sentence for each of 2010 through
2019, the Secretary shall not take into account any increase in the
total amount of such additional payment amounts for such nursing and
allied health education for portions of cost reporting periods
occurring in the year pursuant to the application of paragraph
(2)(B)(ii) of such subsection.''.
(c) Retroactive Application.--The amendments made by this section
shall apply to payments made for portions of cost reporting periods
occurring in 2010 through 2019.
(d) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2023, out of any amounts in the
Treasury not otherwise appropriated, $3,000,000, to remain available
until expended, for purposes of carrying out the amendments made by
this section.
Subtitle E--Health Care Tax Provisions
SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR
TELEHEALTH.
(a) In General.--Section 223(c)(2)(E) of the Internal Revenue Code
of 1986 is amended by striking ``In the case of plan years'' and all
that follows through ``a plan'' and inserting ``In the case of--
``(i) months beginning after March 31, 2022, and before
January 1, 2023, and
``(ii) plan years beginning on or before December 31,
2021, or after December 31, 2022, and before January 1,
2025,
a plan''.
(b) Certain Coverage Disregarded.--Section 223(c)(1)(B)(ii) of the
Internal Revenue Code of 1986 is amended by striking ``(in the case of
plan years beginning on or before December 31, 2021, or in the case of
months beginning after March 31, 2022, and before January 1, 2023)''
and inserting ``(in the case of months or plan years to which paragraph
(2)(E) applies)''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
Subtitle F--Offsets
SEC. 4161. REDUCTION OF MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,278,000,000'' and inserting
``$180,000,000''.
SEC. 4162. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT
UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2031'' and inserting
``2032''; and
(2) in clause (iii), by striking ``2031'' and inserting
``2032''.
SEC. 4163. MEDICARE DIRECT SPENDING REDUCTIONS.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i)--
(A) by striking ``On the dates OMB issues its sequestration
preview reports'' and inserting ``On the date on which the
President submits the budget under section 1105 of title 31,
United States Code,''; and
(B) by striking ``pursuant to section 254(c),'';
(2) in subparagraph (C), by moving the margin 2 ems to the
left;
(3) by striking subparagraphs (D) and (E); and
(4) by adding at the end the following:
``(D) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for fiscal year
2032, the President shall order a sequestration of payments for the
Medicare programs specified in section 256(d), effective upon
issuance, such that, notwithstanding the 2 percent limit specified
in subparagraph (A) for such payments--
``(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment reduction
shall be 2.0 percent; and
``(ii) with respect to the second 6 months in which such
order is effective for such fiscal year, the payment reduction
shall be 0 percent.''.
TITLE V--MEDICAID AND CHIP PROVISIONS
Subtitle A--Territories
SEC. 5101. MEDICAID ADJUSTMENTS FOR THE TERRITORIES.
(a) Revising Allotments for Puerto Rico.--Section 1108(g) of the
Social Security Act (42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``clause (ii)'' and inserting
``clause (ii) or (iii)''; and
(II) by striking ``and'' at the end;
(ii) in clause (ii), by striking the semicolon and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2023 and each subsequent fiscal
year, the amount specified in paragraph (11) for such
fiscal year;''; and
(B) in the matter following subparagraph (E), by striking
``each fiscal year after fiscal year 2021'' and inserting
``fiscal year 2022 (and, in the case of a territory other than
Puerto Rico, for each subsequent fiscal year)''; and
(2) by adding at the end the following new paragraphs:
``(11) Allotment amounts for puerto rico for fiscal year 2023
and subsequent fiscal years.--For purposes of paragraph
(2)(A)(iii), subject to paragraphs (12) and (13), the amounts
specified in this paragraph are the following:
``(A) For fiscal year 2023, $3,275,000,000.
``(B) For fiscal year 2024, $3,325,000,000.
``(C) For fiscal year 2025, $3,475,000,000.
``(D) For fiscal year 2026, $3,645,000,000.
``(E) For fiscal year 2027, $3,825,000,000.
``(F) For fiscal year 2028, the sum of the amount that
would have been provided under this subsection for Puerto Rico
for such fiscal year in accordance with clause (i) of paragraph
(2)(A) (without regard to clause (iii) of such paragraph) had
the amount provided under this subsection for Puerto Rico for
each of fiscal years 2020 through 2027 been equal to the
following:
``(i) For fiscal year 2020, the sum of the amount
provided under this subsection for Puerto Rico for fiscal
year 2019, increased by the percentage increase in the
medical care component of the Consumer Price Index for all
urban consumers (as published by the Bureau of Labor
Statistics) for the 12-month period ending in March
preceding the beginning of the fiscal year, rounded to the
nearest $100,000.
``(ii) For each of fiscal years 2021 through 2027, the
sum of the amount provided under this subparagraph for the
preceding fiscal year, increased in accordance with the
percentage increase described in clause (i), rounded to the
nearest $100,000.
``(G) For fiscal year 2029 and each subsequent fiscal year,
the sum of the amount specified in this paragraph for the
preceding fiscal year, increased by the percentage increase in
the medical care component of the Consumer Price Index for all
urban consumers (as published by the Bureau of Labor
Statistics) for the 12-month period ending in March preceding
the beginning of the fiscal year, rounded to the nearest
$100,000.
In determining the amount specified under subparagraph (F) for
fiscal year 2028 or under subparagraph (G) for fiscal year 2029 or
a subsequent fiscal year, the Secretary may in no way take into
account the amount that was provided under this subsection for
Puerto Rico for fiscal year 2022 that was based on the Centers for
Medicare & Medicaid Services' interpretation of the flush language
following paragraph (2)(E) (as described in the letters sent by the
Centers for Medicare & Medicaid Services to the Director of the
Medicaid Program for Puerto Rico dated September 24, 2021, and
November 18, 2021, respectively).
``(12) Additional increase for puerto rico.--
``(A) In general.--For fiscal year 2023 and each subsequent
fiscal year through fiscal year 2027, the amount specified in
paragraph (11) for the fiscal year shall be equal to the amount
specified for such fiscal year under such paragraph increased
by $300,000,000 if the Secretary certifies that, with respect
to such fiscal year, Puerto Rico's State plan under title XIX
(or waiver of such plan) establishes a reimbursement floor,
implemented through a directed payment arrangement plan, for
physician services that are covered under the Medicare part B
fee schedule in the Puerto Rico locality established under
section 1848(b) that is not less than 75 percent of the payment
that would apply to such services if they were furnished under
part B of title XVIII during such fiscal year.
``(B) Application to managed care.--In certifying whether
Puerto Rico has established a reimbursement floor under a
directed payment arrangement plan that satisfies the
requirements of subparagraph (A)--
``(i) for fiscal year 2023, the Secretary shall apply
such requirements to payments for physician services under
a managed care contract entered into or renewed after the
date of enactment of this paragraph and disregard payments
for physician services under any managed care contract that
was entered into prior to such date; and
``(ii) for each subsequent fiscal year through fiscal
year 2027--
``(I) the Secretary shall disregard payments made
under subcapitated arrangements for services such as
primary care case management; and
``(II) if the reimbursement floor for physician
services applicable under a managed care contract
satisfies the requirements of subparagraph (A) for the
fiscal year in which the contract is entered into or
renewed, such reimbursement floor shall be deemed to
satisfy such requirements for the subsequent fiscal
year.
``(C) Nonapplication of increase in determining allotments
for subsequent fiscal years.--An increase under this paragraph
for a fiscal year may not be taken into account in calculating
the amount specified under paragraph (11) for the succeeding
fiscal year.
``(13) Further increase for puerto rico.--
``(A) In general.--For each of fiscal years 2023 through
2027, the amount specified in paragraph (11) for the fiscal
year shall be equal to the amount specified for such fiscal
year under such paragraph (increased, if applicable, in
accordance with paragraph (12)) and further increased--
``(i) in the case of each of fiscal years 2023 through
2025, by $75,000,000 if the Secretary determines that
Puerto Rico fully satisfies the requirements described in
paragraph (7)(A)(i) for such fiscal year; and
``(ii) in the case of each of fiscal years 2026 and
2027, by $75,000,000 if the Secretary determines that
Puerto Rico fully satisfies the requirements described in--
``(I) paragraph (7)(A)(i) for such fiscal year; and
``(II) paragraph (7)(A)(v) for such fiscal year.
``(B) Nonapplication of increase in determining allotments
for subsequent fiscal years.--An increase under this paragraph
for a fiscal year may not be taken into account in calculating
the amount specified under paragraph (11) for the succeeding
fiscal year.''.
(b) Extension of Increased FMAPs.--Section 1905(ff) of the Social
Security Act (42 U.S.C. 1396d(ff)) is amended--
(1) in the header, by striking ``Temporary'';
(2) in paragraph (2)--
(A) by striking ``subject to section 1108(g)(7)(C),''; and
(B) by striking ``December 23, 2022'' and inserting
``September 30, 2027,''; and
(3) in paragraph (3), by striking ``for the period beginning
December 21, 2019, and ending December 23, 2022'' and inserting
``beginning December 21, 2019''.
(c) Application of Asset Verification Program Requirements to
Puerto Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w)
is amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by adding at the end the following
new clause:
``(iii) Implementation in puerto rico.--The Secretary
shall require Puerto Rico to implement an asset
verification program under this subsection by January 1,
2026.''; and
(B) in paragraph (4)--
(i) in the paragraph heading, by striking ``Exemption
of territories'' and inserting ``Exemption of certain
territories''; and
(ii) by striking ``and the District of Columbia'' and
inserting ``, the District of Columbia, and Puerto Rico'';
and
(2) in subsection (k)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(ii) in the matter preceding clause (i), as so
redesignated--
(I) by striking ``beginning on or after January 1,
2021''; and
(II) by striking ``for a non-compliant State shall
be reduced--'' and inserting the following: ``for--
``(A) a non-compliant State that is one of the 50 States or
the District of Columbia shall be reduced--'';
(iii) in clause (iv), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(B) a non-compliant State that is Puerto Rico shall be
reduced--
``(i) for calendar quarters in fiscal year 2026
beginning on or after January 1, 2026, by 0.12 percentage
points;
``(ii) for calendar quarters in fiscal year 2027, by
0.25 percentage points;
``(iii) for calendar quarters in fiscal year 2028, by
0.35 percentage points; and
``(iv) for calendar quarters in fiscal year 2029 and
each fiscal year thereafter, by 0.5 percentage points.'';
and
(B) in paragraph (2)(A), by striking ``or the District of
Columbia'' and inserting ``, the District of Columbia, or
Puerto Rico''.
(d) Extension of Reporting Requirement.--Section 1108(g)(9) of the
Social Security Act (42 U.S.C. 1308(g)(9)) is amended--
(1) in subparagraph (A), by inserting ``and for fiscal year
2023 and each subsequent fiscal year (or, in the case of Puerto
Rico, and for fiscal year 2023 and each subsequent fiscal year
before fiscal year 2028)'' after ``fiscal year 2021)''; and
(2) in subparagraph (B)(i), by inserting ``or by reason of the
amendments made by section 5101 of the Health Extenders, Improving
Access to Medicare, Medicaid, and CHIP, and Strengthening Public
Health Act of 2022'' before the period at the end.
(e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A) of the
Social Security Act (42 U.S.C. 1308(g)(7)(A)) is amended--
(1) in clause (iii), in the header, by inserting ``reporting''
after ``reform''; and
(2) by adding at the end the following new clause:
``(v) Contracting and procurement oversight lead
requirement.--
``(I) In general.--Not later than 6 months after
the date of the enactment of this clause, the agency
responsible for the administration of Puerto Rico's
Medicaid program under title XIX shall designate an
officer (other than the director of such agency) to
serve as the Contracting and Procurement Oversight Lead
to carry out the duties specified in subclause (II).
``(II) Duties.--Not later than 60 days after the
end of each fiscal quarter (beginning with the first
fiscal quarter beginning on or after the date that is 1
year after the date of the enactment of this clause),
the officer designated pursuant to subclause (I) shall,
with respect to each contract described in clause (iii)
with an annual value exceeding $150,000 entered into
during such quarter, certify to the Secretary either--
``(aa) that such contract has met the
procurement standards identified under any of
sections 75.327, 75.328, and 75.329 of title 45,
Code of Federal Regulations (or successor
regulations); or
``(bb) that extenuating circumstances
(including a lack of multiple entities competing
for such contract) prevented the compliance of such
contract with such standards.
``(III) Publication.--The officer designated
pursuant to subclause (I) shall make public each
certification containing extenuating circumstances
described in subclause (II)(bb) not later than 30 days
after such certification is made, including a
description of, and justification of, such extenuating
circumstances.
``(IV) Review of compliance.--Not later than 2
years after the date of the enactment of this clause,
the Inspector General of the Department of Health and
Human Services shall submit to Congress a report on the
compliance of Puerto Rico with the provisions of this
clause.''.
(f) Medicaid Data Systems Improvement Payments.--Section 1108 of
the Social Security Act (42 U.S.C. 1308) is amended by adding at the
end the following new subsection:
``(i) Data Systems Improvement Payments.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall pay to each eligible territory an amount equal to
100 percent of the qualifying data system improvement expenditures
incurred by such territory on or after October 1, 2023.
``(2) Treatment as medicaid payments.--
``(A) In general.--Payments to eligible territories made
under this paragraph shall be considered to have been made
under, and are subject to the requirements of, section 1903.
``(B) Nonduplication.--No payment shall be made under title
XIX (other than as provided under paragraph (1)), title XXI, or
any other provision of law with respect to an expenditure for
which payment is made under such paragraph.
``(3) Allotments.--The Secretary shall specify an allotment for
each eligible territory for payments made under paragraph (1) in a
manner such that--
``(A) the total amount of payments made under such
paragraph for all eligible territories does not exceed
$20,000,000; and
``(B) each eligible territory receives an equitable
allotment of such payments.
``(4) No effect on territorial caps.--A payment to an eligible
territory under this subsection shall not be taken into account for
purposes of applying the payment limits under subsections (f) and
(g).
``(5) Definitions.--In this subsection:
``(A) Eligible territory.--The term `eligible territory'
means American Samoa, Guam, the Northern Mariana Islands, and
the Virgin Islands.
``(B) Qualifying data system improvement expenditure.--The
term `qualifying data system improvement expenditure' means an
expenditure by an eligible territory to improve, update, or
enhance a data system that is used by the territory to carry
out an administrative activity for which Federal financial
participation is available under section 1903(a).''.
(g) Strategic Plan and Evaluation.--
(1) In general.--Each territory described in paragraph (2)
shall--
(A) not later than September 30, 2023, submit to the
Secretary of Health and Human Services a 4-year strategic plan
that outlines the territory's goals relating to workforce
development, financing, systems implementation and operation,
and program integrity with respect to the territory's Medicaid
program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.); and
(B) not later than September 30, 2027, submit to the
Secretary of Health and Human Services an analysis of the
extent to which the territory has achieved, or is making
progress toward achieving, the goals described in such
strategic plan, and any policy changes relating to such goals
that were adopted by the territory after the submission of the
plan.
(2) Territories described.--The territories described in this
paragraph are American Samoa, Guam, the Northern Mariana Islands,
and the Virgin Islands.
Subtitle B--Medicaid and CHIP Coverage
SEC. 5111. FUNDING EXTENSION OF THE CHILDREN'S HEALTH INSURANCE PROGRAM
AND RELATED PROVISIONS.
(a) In General.--Section 2104(a) of the Social Security Act (42
U.S.C. 1397dd(a)) is amended--
(1) in paragraph (27), by striking ``through 2026'' and
inserting ``through 2028''; and
(2) in paragraph (28)--
(A) in the matter preceding subparagraph (A), by striking
``for fiscal year 2027'' and inserting ``for fiscal year
2029'';
(B) in subparagraph (A), by striking ``beginning on October
1, 2026, and ending on March 31, 2027'' and inserting
``beginning on October 1, 2028, and ending on March 31, 2029'';
and
(C) in subparagraph (B), by striking ``beginning on April
1, 2027, and ending on September 30, 2027'' and inserting
``beginning on April 1, 2029, and ending on September 30,
2029''.
(b) CHIP Allotments.--
(1) In general.--Section 2104(m) of the Social Security Act (42
U.S.C. 1397dd(m)) is amended--
(A) in paragraph (2)(B)(i), by striking ``, 2023, and
2027'' and inserting ``2023, and 2029'';
(B) in paragraph (5), by striking ``or 2027'' and inserting
``or 2029'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``fiscal year
2027,'' and inserting ``fiscal year 2029''; and
(ii) in the flush left matter at the end, by striking
``or fiscal year 2026.'' and inserting ``fiscal year 2026,
or fiscal year 2028.'';
(D) in paragraph (9), by striking ``or 2027'' and inserting
``or 2029''; and
(E) in paragraph (11)--
(i) in the paragraph header, by striking ``fiscal year
2027'' and inserting ``fiscal year 2029''; and
(ii) in subparagraph (C)--
(I) by striking ``fiscal year 2026'' each place it
appears and inserting ``fiscal year 2028''; and
(II) by striking ``fiscal year 2027'' and inserting
``fiscal year 2029''.
(2) Conforming amendments.--Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115-123) is amended--
(A) in the paragraph header, by striking ``fiscal year
2027'' and inserting ``fiscal year 2029'';
(B) by striking ``fiscal year 2027'' each place it appears
and inserting ``fiscal year 2029''; and
(C) by striking ``beginning on October 1, 2026, and ending
on March 31, 2027'' and inserting ``beginning on October 1,
2028, and ending on March 31, 2029''.
(c) Other Related CHIP Policies.--
(1) Pediatric quality measures program.--Section 1139A(i)(1) of
the Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is amended--
(A) in subparagraph (C), by striking at the end ``and'';
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) for each of fiscal years 2028 and 2029, $15,000,000
for the purpose of carrying out this section (other than
subsections (e), (f), and (g)).''.
(2) Assurance of eligibility standards for children.--Section
2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is
amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september 30,
2029''; and
(B) in subparagraph (A) by striking ``September 30, 2027''
each place it appears and inserting ``September 30, 2029''.
(3) Qualifying states option.--Section 2105(g)(4) of the Social
Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
(A) in the paragraph heading, by striking ``through 2027''
and inserting ``through 2029''; and
(B) in subparagraph (A), by striking ``through 2027'' and
inserting ``through 2029''.
(4) Outreach and enrollment program.--Section 2113 of the
Social Security Act (42 U.S.C. 1397mm) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``through 2027'' and
inserting ``through 2029''; and
(ii) in paragraph (3), by striking ``through 2027'' and
inserting ``through 2029''; and
(B) in subsection (g)--
(i) by striking ``2017,,'' and inserting ``2017,'';
(ii) by striking ``and $48,000,000'' and inserting
``$48,000,000''; and
(iii) by inserting after ``through 2027'' the
following: ``, and $40,000,000 for the period of fiscal
years 2028 and 2029''.
(5) Child enrollment contingency fund.--Section 2104(n) of the
Social Security Act (42 U.S.C. 1397dd(n)) is amended--
(A) by striking ``2024 through 2026'' each place it appears
and inserting ``2024 through 2028''; and
(B) by striking ``2023, and 2027'' each place it appears
and inserting ``2023, and 2029''.
(d) Extension of Certain Provisions.--
(1) Express lane eligibility option.--Section 1902(e)(13)(I) of
the Social Security Act (42 U.S.C. 1396a(e)(13)(I)) is amended by
striking ``2027'' and inserting ``2029''.
(2) Conforming amendments for assurance of affordability
standard for children and families.--Section 1902(gg)(2) of the
Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september 30,
2029''; and
(B) by striking ``2027'' each place it appears and
inserting ``2029,''.
SEC. 5112. CONTINUOUS ELIGIBILITY FOR CHILDREN UNDER MEDICAID AND CHIP.
(a) Under the Medicaid Program.--Section 1902(e) of the Social
Security Act (42 U.S.C. 1396a(e)) is amended by striking paragraph (12)
and inserting the following new paragraph:
``(12) 1 year of continuous eligibility for children.--The
State plan (or waiver of such State plan) shall provide that an
individual who is under the age of 19 and who is determined to be
eligible for benefits under a State plan (or waiver of such plan)
approved under this title under subsection (a)(10)(A) shall remain
eligible for such benefits until the earlier of--
``(A) the end of the 12-month period beginning on the date
of such determination;
``(B) the time that such individual attains the age of 19;
or
``(C) the date that such individual ceases to be a resident
of such State.''.
(b) Under the Children's Health Insurance Program.--Section
2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is
amended--
(1) by redesignating subparagraphs (K) through (T) as
subparagraphs (L) through (U), respectively; and
(2) by inserting after subparagraph (J) the following new
subparagraph:
``(K) Section 1902(e)(12) (relating to 1 year of continuous
eligibility for children), except that a targeted low-income
child enrolled under the State child health plan or waiver may
be transferred to the Medicaid program under title XIX for the
remaining duration of the 12-month continuous eligibility
period, if the child becomes eligible for full benefits under
title XIX during such period.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal quarter that begins on or
after the date that is 1 year after the date of enactment of this Act.
SEC. 5113. MODIFICATIONS TO POSTPARTUM COVERAGE UNDER MEDICAID AND
CHIP.
Effective as if included in the enactment of sections 9812 and 9822
of the American Rescue Plan Act of 2021 (Public Law 117-2), subsection
(b) of each such section is amended by striking ``during the 5-year
period''.
SEC. 5114. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--Subsection (h) of section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (F), (H), and (J), by striking
``and'' after the semicolon;
(B) in subparagraph (K), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(L) $450,000,000 for each of fiscal years 2024 through
2027.'';
(2) in paragraph (2), by striking ``September 30, 2023'' and
inserting ``September 30 of the subsequent fiscal year''; and
(3) by adding at the end the following new paragraph:
``(3) Technical assistance.--In addition to amounts otherwise
available, there is appropriated to the Secretary, out of any money
in the Treasury not otherwise appropriated for fiscal 2023 and for
each subsequent 3-year period through fiscal year 2029, $5,000,000,
to remain available until expended, for carrying out subsections
(f) and (g).''.
(b) Redistribution of Unexpended Grant Awards.--Subsection (e)(2)
of section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
note) is amended by adding at the end the following new sentence: ``Any
portion of a State grant award for a fiscal year under this section
that is unexpended by the State at the end of the fourth succeeding
fiscal year shall be rescinded by the Secretary and added to the
appropriation for the fifth succeeding fiscal year.''.
SEC. 5115. EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL
IMPOVERISHMENT FOR RECIPIENTS OF HOME AND COMMUNITY-BASED SERVICES.
Section 2404 of the Patient Protection and Affordable Care Act (42
U.S.C. 1396r-5 note) is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2027''.
Subtitle C--Medicaid and CHIP Mental Health
SEC. 5121. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH SCREENINGS,
REFERRALS, AND CASE MANAGEMENT SERVICES FOR ELIGIBLE JUVENILES IN
PUBLIC INSTITUTIONS.
(a) Medicaid State Plan Requirement.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)(84)--
(A) in subparagraph (A), by inserting ``, subject to
subparagraph (D),'' after ``but'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by adding ``and'' at the end; and
(D) by adding at the end the following new subparagraph:
``(D) in the case of an individual who is an eligible
juvenile described in subsection (nn)(2) and is within 30 days
of the date on which such eligible juvenile is scheduled to be
released from a public institution following adjudication, the
State shall have in place a plan, and in accordance with such
plan, provide for--
``(i) in the 30 days prior to the release of such
eligible juvenile from such public institution (or not
later than one week, or as soon as practicable, after
release from the public institution), and in coordination
with such institution, any screening or diagnostic service
which meets reasonable standards of medical and dental
practice, as determined by the State, or as indicated as
medically necessary, in accordance with paragraphs (1)(A)
and (5) of section 1905(r), including a behavioral health
screening or diagnostic service; and
``(ii) in the 30 days prior to the release of such
eligible juvenile from such public institution, and for at
least 30 days following the release of such eligible
juvenile from such institution, targeted case management
services, including referrals for such eligible juvenile to
the appropriate care and services available in the
geographic region of the home or residence of such eligible
juvenile (where feasible) under the State plan (or waiver
of such plan);''; and
(2) in subsection (nn)(3), by striking ``(30)'' and inserting
``(31)''.
(b) Authorization of Federal Financial Participation.--The
subdivision (A) of section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) following paragraph (31) of such section is amended by
inserting ``, or in the case of an eligible juvenile described in
section 1902(a)(84)(D) with respect to the screenings, diagnostic
services, referrals, and targeted case management services required
under such section'' after ``(except as a patient in a medical
institution''.
(c) CHIP Conforming Amendments.--
(1) Section 2102 of the Social Security Act (42 U.S.C. 1397bb)
is amended by adding at the end the following new subsection:
``(d) Treatment of Children Who Are Inmates of a Public
Institution.--
``(1) In general.--The State child health plan shall provide
that--
``(A) the State shall not terminate eligibility for child
health assistance under the State child health plan for a
targeted low-income child because the child is an inmate of a
public institution, but may suspend coverage during the period
the child is such an inmate;
``(B) in the case of a targeted low-income child who was
determined eligible for child health assistance under the State
child health plan (or waiver of such plan) immediately before
becoming an inmate of a public institution, the State shall,
prior to the child's release from such public institution,
conduct a redetermination of eligibility for such child with
respect to such child health assistance (without requiring a
new application from the child) and, if the State determines
pursuant to such redetermination that the child continues to
meet the eligibility requirements for such child health
assistance, the State shall restore coverage for such child
health assistance to such child upon the child's release from
such public institution; and
``(C) in the case of a targeted low-income child who is
determined eligible for child health assistance while an inmate
of a public institution (subject to the exception to the
exclusion of children who are inmates of a public institution
described in section 2110(b)(7)), the State shall process any
application for child health assistance submitted by, or on
behalf of, the child such that the State makes a determination
of eligibility for the child with respect to child health
assistance upon release of the child from the public
institution.
``(2) Required coverage of screenings, diagnostic services,
referrals, and case management for certain inmates pre-release.--A
State child health plan shall provide that, in the case of a
targeted low-income child who is within 30 days of the date on
which such child is scheduled to be released from a public
institution following adjudication, the State shall have in place a
plan for providing, and shall provide in accordance with such plan,
screenings, diagnostic services, referrals, and case management
services otherwise covered under the State child health plan (or
waiver of such plan) in the same manner as described in section
1902(a)(84)(D).''.
(2) Section 2110(b) of the Social Security Act (42 U.S.C.
1397jj(b)) is amended--
(A) in paragraph (2)(A), by inserting ``except as provided
in paragraph (7),'' before ``a child who is an inmate of a
public institution''; and
(B) by adding at the end the following new paragraph:
``(7) Exception to exclusion of children who are inmates of a
public institution.--In the case of a child who is an inmate of a
public institution, during the 30 days prior to the release of the
child from such institution the child shall not be considered to be
described in paragraph (2)(A) with respect to the screenings,
diagnostic services, referrals, and case management services
otherwise covered under the State child health plan (or waiver of
such plan) that the State is required to provide under section
2102(d)(2).''.
(d) Effective Date.--The amendments made by this section shall
apply beginning on the first day of the first calendar quarter that
begins on or after the date that is 24 months after the date of
enactment of this Act.
SEC. 5122. REMOVAL OF LIMITATIONS ON FEDERAL FINANCIAL PARTICIPATION
FOR INMATES WHO ARE ELIGIBLE JUVENILES PENDING DISPOSITION OF CHARGES.
(a) Medicaid.--
(1) In general.--The subdivision (A) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)) following paragraph (31)
of such section, as amended by section 5121(b), is further amended
by inserting ``, or, at the option of the State, for an individual
who is an eligible juvenile (as defined in section 1902(nn)(2)),
while such individual is an inmate of a public institution (as
defined in section 1902(nn)(3)) pending disposition of charges''
after ``or in the case of an eligible juvenile described in section
1902(a)(84)(D) with respect to the screenings, diagnostic services,
referrals, and case management required under such section''.
(2) Conforming amendment.--Section 1902(a)(84)(A) of the Social
Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by inserting
``(or in the case of a State electing the option described in the
subdivision (A) following paragraph (31) of section 1905(a), during
such period beginning after the disposition of charges with respect
to such individual)'' after ``is such an inmate''.
(b) CHIP.--Section 2110(b)(7) of the Social Security Act (42 U.S.C.
13977jj(b)(7)), as added by section 5121(c)(2)(B), is amended--
(1) in the heading, by striking ``Exception'' and inserting
``Exceptions''; and
(2) by adding at the end the following new sentence: ``At the
option of the State, a child who is an inmate of a public
institution shall not be considered to be described in paragraph
(2)(A) during the period that the child is an inmate of such
institution pending disposition of charges.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter that begins after
the date that is 24 months after the date of enactment of this Act and
shall apply to items and services furnished for periods beginning on or
after such date.
SEC. 5123. REQUIRING ACCURATE, UPDATED, AND SEARCHABLE PROVIDER
DIRECTORIES.
(a) Application to Managed Care.--Section 1932(a)(5) of the Social
Security Act (42 U.S.C. 1396u-2(a)(5)) is amended--
(1) in subparagraph (B)(i), by inserting ``, including as
required by subparagraph (E)'' before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(E) Provider directories.--
``(i) In general.--Each managed care organization,
prepaid inpatient health plan (as defined by the
Secretary), prepaid ambulatory health plan (as defined by
the Secretary), and, when appropriate, primary care case
management entity (as defined by the Secretary) with a
contract with a State to enroll individuals who are
eligible for medical assistance under the State plan under
this title or under a waiver of such plan, shall publish
(and update on at least a quarterly basis or more
frequently as required by the Secretary) on a public
website, a searchable directory of network providers, which
shall include physicians, hospitals, pharmacies, providers
of mental health services, providers of substance use
disorder services, providers of long term services and
supports as appropriate, and such other providers as
required by the Secretary, and that includes with respect
to each such provider--
``(I) the name of the provider;
``(II) the specialty of the provider;
``(III) the address at which the provider provides
services;
``(IV) the telephone number of the provider; and
``(V) information regarding--
``(aa) the provider's cultural and linguistic
capabilities, including languages (including
American Sign Language) offered by the provider or
by a skilled medical interpreter who provides
interpretation services at the provider's office;
``(bb) whether the provider is accepting as new
patients, individuals who receive medical
assistance under this title;
``(cc) whether the provider's office or
facility has accommodations for individuals with
physical disabilities, including offices, exam
rooms, and equipment;
``(dd) the Internet website of such provider,
if applicable; and
``(ee) whether the provider offers covered
services via telehealth; and
``(VI) other relevant information, as required by
the Secretary.
``(ii) Network provider defined.--In this subparagraph,
the term `network provider' includes any provider, group of
providers, or entity that has a network provider agreement
with a managed care organization, a prepaid inpatient
health plan (as defined by the Secretary), a prepaid
ambulatory health plan (as defined by the Secretary), or a
primary care case management entity (as defined by the
Secretary) or a subcontractor of any such entity or plan,
and receives payment under this title directly or
indirectly to order, refer, or render covered services as a
result of the State's contract with the entity or plan. For
purposes of this subparagraph, a network provider shall not
be considered to be a subcontractor by virtue of the
network provider agreement.''.
(b) Conforming Amendments to State Plan Requirements.--Section
1902(a) of the Social Security Act (42 U.S.C. 1396a) is amended--
(1) by striking paragraph (83) and inserting the following:
``(83) provide that in the case of a State plan (or waiver of
the plan) that provides medical assistance on a fee-for-service
basis or through a primary care case-management system described in
section 1915(b)(1), the State shall publish (and update on at least
a quarterly basis or more frequently as required by the Secretary)
on the public website of the State agency administering the State
plan, a searchable directory of the providers described in
subsection (mm) that, in addition to such other requirements as the
Secretary may specify, such as making paper directories available
to enrollees, includes with respect to each such provider--
``(A) the name of the provider;
``(B) the specialty of the provider;
``(C) the address at which the provider provides services;
``(D) the telephone number of the provider;
``(E) information regarding--
``(i) the provider's cultural and linguistic
capabilities, including languages (including American Sign
Language) offered by the provider or by a skilled medical
interpreter who provides interpretation services at the
provider's office;
``(ii) whether the provider is accepting as new
patients individuals who receive medical assistance under
this title;
``(iii) whether the provider's office or facility has
accommodations for individuals with physical disabilities,
including offices, exam rooms, and equipment;
``(iv) the Internet website of such provider, if
applicable; and
``(v) whether the provider offers covered services via
telehealth; and
``(F) other relevant information as required by the
Secretary;''; and
(2) by striking subsection (mm) and inserting the following:
``(mm) Directory Provider Described.--
``(1) In general.--A provider described in this subsection, at
a minimum, includes physicians, hospitals, pharmacies, providers of
mental health services, providers of substance use disorder
services, providers of long term services and supports as
appropriate, and such other providers as required by the Secretary,
and--
``(A) in the case of a provider or a provider type for
which the State agency, as a condition of receiving payment for
items and services furnished by the provider to individuals
eligible to receive medical assistance under the State plan (or
a waiver of the plan), requires the enrollment of the provider
with the State agency, includes a provider that--
``(i) is enrolled with the agency as of the date on
which the directory is published or updated (as applicable)
under subsection (a)(83); and
``(ii) received payment under the State plan in the 12-
month period preceding such date; and
``(B) in the case of a provider or a provider type for
which the State agency does not require such enrollment,
includes a provider that received payment under the State plan
(or a waiver of the plan) in the 12-month period preceding the
date on which the directory is published or updated (as
applicable) under subsection (a)(83).
``(2) State option to include other participating providers.--
At State option, a provider described in this subsection may
include any provider who furnishes services and is participating
under the State plan under this title or under a waiver of such
plan.''.
(c) General Application to CHIP.--Section 2107(e)(1)(G) of the
Social Security Act (42 U.S.C. 1397gg(e)(1)(G)) is amended by inserting
``and subsection (a)(83) of section 1902 (relating to searchable
directories of the providers described in subsection (mm) of such
section)'' before the period.
(d) Effective Date.--The amendments made by this section shall take
effect on July 1, 2025.
SEC. 5124. SUPPORTING ACCESS TO A CONTINUUM OF CRISIS RESPONSE SERVICES
UNDER MEDICAID AND CHIP.
(a) Guidance.--Not later than July 1, 2025, the Secretary, in
coordination with the Administrator of the Centers for Medicare &
Medicaid Services and the Assistant Secretary for Mental Health and
Substance Use, shall issue guidance to States regarding Medicaid and
CHIP that includes the following:
(1) Provides, in consultation with health care providers and
stakeholders with expertise in mental health and substance use
disorder crisis response services, recommendations for an effective
continuum of crisis response services that--
(A) includes crisis call centers, including 988 crisis
services hotlines, mobile crisis teams, crisis response
services delivered in home, community, residential facility,
and hospital settings, and coordination with follow-on mental
health and substance use disorder services, such as intensive
outpatient and partial hospitalization programs, as well as
connections to social services and supports;
(B) promotes access to appropriate and timely mental health
and substance use disorder crisis response services in the
least restrictive setting appropriate to an individual's needs;
and
(C) promotes culturally competent, trauma-informed care,
and crisis de-escalation.
(2) Outlines the Federal authorities through which States may
finance and enhance under Medicaid and CHIP the availability of
crisis response services across each stage of the continuum of
crisis response services.
(3) Addresses how States under Medicaid and CHIP may support
the ongoing implementation of crisis call centers, including 988
crisis services hotlines, and how Medicaid administrative funding,
including enhanced matching, and the Medicaid Information
Technology Architecture 3.0 framework, may be used to establish or
enhance regional or statewide crisis call centers, including 988
crisis services hotlines, that coordinate in real time.
(4) Identifies how States under Medicaid and CHIP may support
access to crisis response services that are responsive to the needs
of children, youth, and families, including through CHIP health
services initiatives, behavioral disorder-specific crisis response,
trained peer support services, and establishing or enhancing crisis
call centers that are youth-focused.
(5) Identifies policies and practices to meet the need for
crisis response services with respect to differing patient
populations, including urban, rural, and frontier communities,
differing age groups, cultural and linguistic minorities,
individuals with co-occurring mental health and substance use
disorder conditions, and individuals with disabilities.
(6) Identifies policies and practices to promote evidence-based
suicide risk screenings and assessments.
(7) Identifies strategies to facilitate timely provision of
crisis response services, including how States can enable access to
crisis response services without requiring a diagnosis, the use of
presumptive eligibility at different stages of the continuum of
crisis response services, the use of telehealth to deliver crisis
response services, strategies to make crisis response services
available 24/7 in medically underserved regions, and best practices
used by States and health providers for maximizing capacity to
deliver crisis response services, such as identifying and
repurposing available beds, space, and staff for crisis response
services.
(8) Describes best practices for coordinating Medicaid and CHIP
funding with other payors and sources of Federal funding for mental
health and substance use disorder crisis response services, and
best practices for Medicaid and CHIP financing when the continuum
of crisis response services serves individuals regardless of payor.
(9) Describes best practices for establishing effective
connections with follow-on mental health and substance use disorder
services, as well as with social services and supports.
(10) Describes best practices for coordinating and financing a
continuum of crisis response services through Medicaid managed care
organizations, prepaid inpatient health plans, prepaid ambulatory
health plans, and fee-for-service delivery systems, including when
States carve-out from delivery through Medicaid managed care
organizations, prepaid inpatient health plans, prepaid ambulatory
health plans, or fee-for-service systems, mental health or
substance use disorder benefits or a subset of such services.
(11) Identifies strategies and best practices for measuring and
monitoring utilization of, and outcomes related to, crisis response
services.
(b) Technical Assistance Center.--
(1) In general.--Not later than July 1, 2025, the Secretary, in
coordination with the Administrator of the Centers for Medicare &
Medicaid Services and the Assistant Secretary for Mental Health and
Substance Use, shall establish a technical assistance center to
help States under Medicaid and CHIP design, implement, or enhance a
continuum of crisis response services for children, youth, and
adults. Such technical assistance shall, at least in part, provide
support to States in--
(A) leveraging the Federal authorities through which
Medicaid and CHIP may finance mental health and substance use
disorder crisis response services;
(B) coordinating Medicaid and CHIP funds with other sources
of Federal funding for mental health and substance use disorder
crisis response services; and
(C) after the guidance described in subsection (a) is
issued, adopting the best practices and strategies identified
in such guidance.
(2) Compendium of best practices.--The Secretary shall develop
and maintain a publicly available compendium of best practices for
the successful operation under Medicaid and CHIP of a continuum of
crisis response services. The Secretary annually shall review the
information available through the compendium and shall update such
information when appropriate.
(c) Funding.--There is appropriated to the Secretary, out of any
funds in the Treasury not otherwise appropriated, to remain available
until expended for purposes of carrying out subsections (a) and (b),
$8,000,000.
(d) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(2) State.--The term ``State'' means each of the 50 States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Subtitle D--Transitioning From Medicaid FMAP Increase Requirements
SEC. 5131. TRANSITIONING FROM MEDICAID FMAP INCREASE REQUIREMENTS.
(a) In General.--Section 6008 of the Families First Coronavirus
Response Act (42 U.S.C. 1396d note) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to subsection (b)'' and inserting
the following:
``(1) Temporary fmap increase.--Subject to subsections (b) and
(f)'';
(B) by striking ``the last day of the calendar quarter in
which the last day of such emergency period occurs'' and
inserting ``December 31, 2023'';
(C) by striking ``6.2 percentage points'' and inserting
``the applicable number of percentage points for the quarter
(as determined in paragraph (2))''; and
(D) by adding at the end the following new paragraph:
``(2) Applicable number of percentage points.--For purposes of
paragraph (1), the applicable number of percentage points for a
calendar quarter is the following:
``(A) For each calendar quarter that occurs during the
portion of the period described in paragraph (1) that ends on
March 31, 2023, 6.2 percentage points.
``(B) For the calendar quarter that begins on April 1,
2023, and ends on June 30, 2023, 5 percentage points.
``(C) For the calendar quarter that begins on July 1, 2023,
and ends on September 30, 2023, 2.5 percentage points.
``(D) For the calendar quarter that begins on October 1,
2023, and ends on December 31, 2023, 1.5 percentage points.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``subsection (a)'' and inserting ``subsection (a)(1)'';
(B) in paragraph (2), by striking ``, with respect to an
individual enrolled under such plan (or waiver),''; and
(C) in paragraph (3)--
(i) by striking ``as of the date of enactment of this
section'' and inserting ``as of March 18, 2020,'';
(ii) by striking ``such date of enactment'' and
inserting ``March 18, 2020,'';
(iii) by striking ``the last day of the month in which
the emergency period described in subsection (a) ends'' and
inserting ``March 31, 2023,''; and
(iv) by striking ``the end of the month in which such
emergency period ends'' and inserting ``March 31, 2023,'';
(3) by redesignating the subsection (d) added by section 11 of
division X of the Consolidated Appropriations Act, 2021 (Public Law
116-260) as subsection (e); and
(4) by adding at the end the following new subsections:
``(f) Eligibility Redeterminations During Transition Period.--
``(1) In general.-- For each calendar quarter occurring during
the portion of the period described in subsection (a)(1) that
begins on April 1, 2023, and ends on December 31, 2023 (such
portion to be referred to in this subsection as the `transition
period'), if a State described in such subsection satisfies the
conditions of subsection (b) and paragraph (2) of this subsection,
the State shall receive the increase to the Federal medical
assistance percentage of the State applicable under subsection (a).
Nothing in this subsection shall be construed as prohibiting a
State, following the expiration of the condition described in
paragraph (3) of subsection (b), from initiating renewals, post-
enrollment verifications, and redeterminations over a 12-month
period for all individuals who are enrolled in such plan (or
waiver) as of April 1, 2023.
``(2) Conditions for fmap increase during transition period.--
The conditions of this paragraph with respect to a State and the
transition period are the following:
``(A) Compliance with federal requirements.--The State
conducts eligibility redeterminations under title XIX of the
Social Security Act in accordance with all Federal requirements
applicable to such redeterminations, including renewal
strategies authorized under section 1902(e)(14)(A) of the
Social Security Act (42 U.S.C. 1396a(e)(14)(A)) or other
alternative processes and procedures approved by the Secretary
of Health and Human Services.
``(B) Maintenance of up-to-date contact information.--The
State, using the National Change of Address Database Maintained
by the United States Postal Service, State health and human
services agencies, or other reliable sources of contact
information, attempts to ensure that it has up-to-date contact
information (including a mailing address, phone number, and
email address) for each individual for whom the State conducts
an eligibility redetermination.
``(C) Requirement to attempt to contact beneficiaries prior
to disenrollment.--The State does not disenroll from the State
plan or waiver any individual who is determined ineligible for
medical assistance under the State plan or waiver pursuant to
such a redetermination on the basis of returned mail unless the
State first undertakes a good faith effort to contact the
individual using more than one modality.
``(g) Applicable Quarters.--A State that ceases to meet the
requirements of subsection (b) or (f) (as applicable) shall not qualify
for the increase described in subsection (a) in the Federal medical
assistance percentage for such State for the calendar quarter in which
the State ceases to meet such requirements.''.
(b) Reporting and Enforcement and Corrective Action.--Section 1902
of the Social Security Act (42 U.S.C. 1396a) is amended by adding at
the end the following new subsection:
``(tt) Requirements Relating to Transition From Families First
Coronavirus Response Act FMAP Increase Requirements; Enforcement and
Corrective Action.--
``(1) Reporting requirements.--For each month occurring during
the period that begins on April 1, 2023, and ends on June 30, 2024,
each State shall submit to the Secretary, on a timely basis, a
report, that the Secretary shall make publicly available, on the
activities of the State relating to eligibility redeterminations
conducted during such period, and which include, with respect to
the month for which the report is submitted, the following
information:
``(A) The number of eligibility renewals initiated,
beneficiaries renewed on a total and ex parte basis, and
individuals whose coverage for medical assistance, child health
assistance, or pregnancy-related assistance was terminated.
``(B) The number of individuals whose coverage for medical
assistance, child health assistance, or pregnancy-related
assistance was so terminated for procedural reasons.
``(C) Where applicable, the number of individuals who were
enrolled in a State child health plan or waiver in the form
described in paragraph (1) of section 2101(a).
``(D) Unless the Administrator of the Centers for Medicare
& Medicaid Services reports such information on behalf of the
State:
``(i) In a State with a Federal or State American
Health Benefit Exchange established under title I of the
Patient Protection and Affordable Care Act in which the
systems used to determine eligibility for assistance under
this title or title XXI are not integrated with the systems
used to determine eligibility for coverage under a
qualified health plan with advance payment under section
1412(a) of the Patient Protection and Affordable Care Act
of any premium tax credit allowed under section 36B of the
Internal Revenue Code of 1986--
``(I) the number of individuals whose accounts were
received via secure electronic transfer by the Federal
or State American Health Benefit Exchange, or a basic
health program established under section 1331 of the
Patient Protection and Affordable Care Act;
``(II) the number of individuals identified in
subclause (I) who were determined eligible for a
qualified health plan, as defined in section 1301(a)(1)
of the Patient Protection and Affordable Care Act, or
(if applicable) the basic health program established
under section 1331 of such Act; and
``(III) the number of individuals identified in
subclause (II) who made a qualified health plan
selection or were enrolled in a basic health program
plan (if applicable).
``(ii) In a State with a State American Health Benefit
Exchange established under title I of the Patient
Protection and Affordable Care Act in which the systems
used to determine eligibility for assistance under this
title or title XXI are integrated with the systems used to
determine eligibility for coverage under a qualified health
plan with advance payment under section 1412(a) of the
Patient Protection and Affordable Care Act of any premium
tax credit allowed under section 36B of the Internal
Revenue Code of 1986--
``(I) the number of individuals who were determined
eligible for a qualified health plan, as defined in
section 1301(a)(1) of the Patient Protection and
Affordable Care Act, or (if applicable) the basic
health program established under section 1331 of such
Act; and
``(II) the number of individuals identified in
subclause (I) who made a qualified health plan
selection or were enrolled in a basic health program
plan (if applicable).
``(E) The total call center volume, average wait times, and
average abandonment rate (as determined by the Secretary) for
each call center of the State agency responsible for
administering the State plan under this title (or a waiver of
such plan) during such month.
``(F) Such other information related to eligibility
redeterminations and renewals during the period described in
paragraph (1), as identified by the Secretary.
``(2) Enforcement and corrective action.--
``(A) In general.--For each fiscal quarter that occurs
during the period that begins on July 1, 2023, and ends on June
30, 2024, if a State does not satisfy the requirements of
paragraph (1), the Federal medical assistance percentage
determined for the State for the quarter under section 1905(b)
shall be reduced by the number of percentage points (not to
exceed 1 percentage point) equal to the product of 0.25
percentage points and the number of fiscal quarters during such
period for which the State has failed to satisfy such
requirements.
``(B) Corrective action plan; additional authority.--
``(i) In general.--The Secretary may assess a State's
compliance with all Federal requirements applicable to
eligibility redeterminations and the reporting requirements
described in paragraph (1), and, if the Secretary
determines that a State did not comply with any such
requirements during the period that begins on April 1,
2023, and ends on June 30, 2024, the Secretary may require
the State to submit and implement a corrective action plan
in accordance with clause (ii).
``(ii) Corrective action plan.--A State that receives a
written notice from the Secretary that the Secretary has
determined that the State is not in compliance with a
requirement described in clause (i) shall--
``(I) not later than 14 days after receiving such
notice, submit a corrective action plan to the
Secretary;
``(II) not later than 21 days after the date on
which such corrective action plan is submitted to the
Secretary, receive approval for the plan from the
Secretary; and
``(III) begin implementation of such corrective
action plan not later than 14 days after such approval.
``(iii) Effect of failure to submit or implement a
corrective action plan.--If a State fails to submit or
implement an approved corrective action plan in accordance
with clause (ii), the Secretary may, in addition to any
reduction applied under subparagraph (A) to the Federal
medical assistance percentage determined for the State and
any other remedy available to the Secretary for the purpose
of carrying out this title, require the State to suspend
making all or some terminations of eligibility for medical
assistance from the State plan under this title (including
any waiver of such plan) that are for procedural reasons
until the State takes appropriate corrective action, as
determined by the Secretary, and may impose a civil money
penalty of not more than $100,000 for each day a State is
not in compliance.''.
(c) Effective Date.--The amendments made by this section take
effect on April 1, 2023.
Subtitle E--Medicaid Improvement Fund
SEC. 5141. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(3)(A)) is amended by striking ``for fiscal year 2025 and
thereafter, $0'' and inserting ``for fiscal year 2028 and thereafter,
$7,000,000,000''.
TITLE VI--HUMAN SERVICES
SEC. 6101. JACKIE WALORSKI MATERNAL AND CHILD HOME VISITING
REAUTHORIZATION ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Jackie
Walorski Maternal and Child Home Visiting Reauthorization Act of
2022''.
(b) Outcomes Dashboard.--Section 511(d)(1) of the Social Security
Act (42 U.S.C. 711(d)(1)) is amended--
(1) in the paragraph heading, by striking ``benchmark areas''
and inserting ``benchmark areas related to individual family
outcomes'';
(2) in subparagraph (D)(i), by striking ``(B)'' and inserting
``(C)''; and
(3) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively, and inserting after
subparagraph (A) the following:
``(B) Outcomes dashboards.--The Secretary shall, directly
or by grant or contract, establish and operate a website
accessible to the public that includes an annually updated
dashboard that--
``(i) provides easy-to-understand information on the
outcomes achieved by each eligible entity with respect to
each of the benchmarks described in subparagraph (A) of
this paragraph that apply to the eligible entity, which
shall be based on only the data elements or types of data
collected before the date of the enactment of this section
unless administering agencies and the Secretary agree
pursuant to subsection (h)(6) that additional data is
required;
``(ii) includes a template provided by the Secretary
that will enable comparison among eligible entities not
referred to in subsection (k)(2)(A) of--
``(I) a profile of each eligible entity showing
outcome indicators and how the outcomes compare to
benchmarks described in subclause (II);
``(II) information on the outcome indicators and
requisite outcome levels established for each eligible
entity;
``(III) information on each model employed in the
program operated by each eligible entity, and regarding
each benchmark area described in subsection (d)(1)(A)
in which the model used by the eligible entity is
expected to affect participant outcomes;
``(IV) the most recently available information from
the report required by subparagraph (E) of this
paragraph;
``(V) an electronic link to the State needs
assessment under subsection (b)(1); and
``(VI) information regarding any penalty imposed,
or other corrective action taken, by the Secretary
against a State for failing to achieve a requisite
outcome level or any other requirement imposed by or
under this section, and an indication as to whether the
eligible entity is operating under a corrective action
plan under subparagraph (E)(ii) of this paragraph, and
if so, a link to the plan, an explanation of the reason
for the implementation of the plan, and a report on any
progress made in operating under the plan;
``(iii) includes information relating to those eligible
entities for which funding is reserved under subsection
(k)(2)(A), with modifications as necessary to reflect
tribal sovereignty, data privacy, and participant
confidentiality; and
``(iv) protects data privacy and confidentiality of
participant families.''.
(c) Funding.--
(1) Grant amounts.--
(A) In general.--Section 511(c)(4) of the Social Security
Act (42 U.S.C. 711(c)(4)) is amended to read as follows:
``(4) Grant amounts.--
``(A) Base grants.--
``(i) In general.--
``(I) General rule.--With respect to each of fiscal
years 2023 through 2027 for which an eligible entity
not referred to in subsection (k)(2)(A) is awarded a
base grant under this section, the amount of the grant
payable to the eligible entity for the fiscal year is
the amount described by clause (ii) of this
subparagraph with respect to the eligible entity,
except as provided in subclause (II) of this clause.
``(II) Substitution of successor eligible entity
for predecessor.--If the 1st fiscal year for which an
eligible entity is awarded a base grant under this
section for a program operated in a State is among
fiscal years 2024 through 2027, the amount described by
clause (ii) with respect to the eligible entity is the
amount of the base grant for which a program operated
in the State was eligible under this subparagraph for
fiscal year 2023.
``(ii) Amount described.--
``(I) General rule.--Subject to the succeeding
provisions of this clause, the amount described by this
clause with respect to an eligible entity is--
``(aa) the amount made available under
subsection (k) for base grants for fiscal year 2023
that remains after making the reservations required
by subsection (k)(2) or any other reductions
required by Federal law for fiscal year 2023;
multiplied by
``(bb) the percentage of children in all States
who have not attained 5 years of age (as determined
by the Secretary on the basis of the data most
recently available before fiscal year 2023) that is
represented by the number of such children in the
State in which the eligible entity is operating a
program pursuant to this section (as so
determined).
``(II) Adjustments to ensure stable funding.--If
the amount otherwise payable to an eligible entity
under subclause (I) for fiscal year 2023 is less than
90 percent, or greater than 110 percent, of the amount
payable under this section to the eligible entity for
the program for fiscal year 2021, the Secretary shall
increase the amount otherwise so payable to 90 percent,
or decrease the amount otherwise so payable to 110
percent, as the case may be, of the amount otherwise so
payable.
``(III) Adjustment to ensure all base grant funds
are allocated.--If the amount described by subclause
(I)(aa) is different than the total of the amounts
otherwise described by subclause (I) after applying
subclause (II), the Secretary shall increase or
decrease the amounts otherwise so described after
applying subclause (II) by such equal percentage as is
necessary to reduce that difference to zero.
``(IV) Minimum base grant amount.--Notwithstanding
the preceding provisions of this clause, the amount
described by this clause with respect to an eligible
entity shall be not less than $1,000,000.
``(B) Matching grants.--
``(i) Amount of grant.--
``(I) General rule.--With respect to each of fiscal
years 2024 through 2027 for which an eligible entity
not referred to in subsection (k)(2)(A) is awarded a
grant under this section, the Secretary shall increase
the amount of the grant payable to the eligible entity
for the fiscal year under subparagraph (A) of this
paragraph by the matching amount (if any) determined
under subclause (II) of this clause with respect to the
eligible entity for the fiscal year and the additional
matching amount (if any) determined under clause (iii)
of this subparagraph with respect to the eligible
entity for the fiscal year.
``(II) Matching amount.--
``(aa) In general.--Subject to item (bb) of
this subclause, the matching amount with respect to
an eligible entity for a fiscal year is 75 percent
of the sum of--
``(AA) the total amount obligated by the
eligible entity for home visiting services in
the State for the fiscal year, from Federal
funds made available for the fiscal year under
this subparagraph; and
``(BB) the total amount so obligated by the
eligible entity from non-Federal funds,
determined under subclause (III).
``(bb) Limitation.--The matching amount with
respect to an eligible entity for a fiscal year
shall not exceed the allotment under subclause (IV)
for the State in which the eligible entity is
operating a program under this section for the
fiscal year.
``(III) Determination of obligations from non-
federal funds.--For purposes of this clause, the total
amount obligated by an eligible entity from non-Federal
funds is the total of the amounts that are obligated by
the eligible entity from non-Federal sources, to the
extent that--
``(aa) the services are delivered in compliance
with subsections (d)(2) and (d)(3);
``(bb) the eligible entity has reported the
obligations to the Secretary; and
``(cc) the amount is not counted toward meeting
the maintenance of effort requirement in subsection
(f).
``(IV) State allotments.--The amount allotted under
this subclause for a State in which an eligible entity
is operating a program under this section for a fiscal
year is--
``(aa) the minimum matching grant allocation
amount for the fiscal year; plus
``(bb)(AA) the amount (if any) by which the
amount made available under subsection (k) for
matching grants for the fiscal year that remains
after making the reservations required by
subsection (k)(2) or any other reduction required
by Federal law for the fiscal year exceeds the sum
of the minimum matching grant allocation amounts
for all eligible entities for the fiscal year;
multiplied by
``(BB) the percentage of children in all States
who have not attained 5 years of age and are
members of families with income not exceeding the
poverty line (as determined by the Secretary on the
basis of the most recently available data) that is
represented by the number of such children in the
State (as so determined).
``(V) Minimum matching grant allocation amount.--
Subject to subclause (VI), for purposes of subclause
(IV), the minimum matching grant allocation amount for
a fiscal year is--
``(aa) in the case of fiscal year 2024,
$776,000;
``(bb) in the case of fiscal year 2025,
$1,000,000;
``(cc) in the case of fiscal year 2026,
$1,500,000; and
``(dd) in the case of fiscal year 2027,
$2,000,000.
``(VI) Special rule.--If, after making any
reductions otherwise required by law for a fiscal year,
the amount made available for matching grants under
this clause for the fiscal year is insufficient to
provide the minimum matching grant allocation amount to
each eligible entity operating a program under this
section for the fiscal year, the Secretary may make a
proportionate adjustment to the minimum matching grant
allocation amount for the fiscal year to accommodate
the reductions.
``(ii) Submission of statement expressing interest in
additional matching funds if available.--Before the
beginning of a fiscal year for which an eligible entity
desires a matching grant under this subparagraph for a
program operated under this section, the eligible entity
shall submit to the Secretary a statement as to whether the
eligible entity desires additional matching grant funds
that may be made available under clause (iii) for the
fiscal year.
``(iii) Carryover and reallocation of unobligated
funds.--
``(I) In general.--If the Secretary determines that
an amount allotted under clause (i)(IV) of this
subparagraph for a fiscal year will not be awarded
during the fiscal year, or that an amount made
available under subsection (k)(1) for a fiscal year for
matching grants will not be obligated by an eligible
entity for the fiscal year, the amount shall be
available for matching grants under this subparagraph
for the succeeding fiscal year for eligible entities
that have made submissions under clause (ii) of this
subparagraph for additional matching grant funds from
the amount.
``(II) State allotments.--The Secretary shall allot
to each eligible entity that has made such a submission
for a fiscal year--
``(aa) the total amount (if any) made available
under subclause (I) for the fiscal year; multiplied
by
``(bb) the percentage of children who have not
attained 5 years of age and are members of families
with income not exceeding the poverty line (as
determined by the Secretary on the basis of the
most recently available data) in all of the States
in which any eligible entity that has made such a
submission is so operating a program, that is
represented by the number of such children in the
State (as so determined) in which the eligible
entity is operating such a program.
``(III) Additional matching amount.--
``(aa) In general.--Subject to item (bb) of
this subclause, the additional matching amount with
respect to an eligible entity for a fiscal year is
75 percent of the sum of--
``(AA) the total amount obligated by the
eligible entity for home visiting services in
the State for the fiscal year, from Federal
funds made available for the fiscal year under
this subparagraph; and
``(BB) the total amount so obligated by the
eligible entity from non-Federal funds,
determined under clause (i)(III),
that are not taken into account in determining the
matching amount with respect to the eligible entity
under clause (i).
``(bb) Limitation.--The additional matching
amount with respect to an eligible entity for a
fiscal year shall not exceed the allotment under
subclause (II) for the State in which the eligible
entity is operating a program under this section
for the fiscal year.''.
(B) Maintenance of effort.--Section 511(f) of such Act (42
U.S.C. 711) is amended to read as follows:
``(f) Maintenance of Effort.--
``(1) In general.--Notwithstanding any other provision of this
section, the Secretary may not make a grant to an eligible entity
under this section for a fiscal year if the total amount of non-
Federal funds obligated by the eligible entity in the State in the
fiscal year for a program operated pursuant to this section is less
than the total amount of non-Federal funds reported to have been
expended by any eligible entity for such a program in the State in
fiscal year 2019 or 2021, whichever is the lesser.
``(2) Publication of amounts.--Not later than June 30, 2023,
the Secretary shall cause to have published in the Federal Register
the amount of non-Federal funds expended as described in this
section that has been reported by each eligible entity not referred
to in subsection (k)(2)(A) for each of fiscal years 2019 and 2021.
``(3) Grace period.--The Secretary may, in exceptional
circumstances, allow an eligible entity a period to come into
compliance with this subsection. The Secretary shall provide
technical assistance to any eligible entity to assist the entity in
doing so.''.
(2) Reservations of funds for certain purposes.--Section
511(j)(2) of such Act (42 U.S.C. 711(j)(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``the amount'' and inserting ``each amount made available for
base grants and each amount made available for matching
grants'';
(B) in subparagraph (A)--
(i) by striking ``3'' and inserting ``6'';
(ii) by inserting ``and administering'' before
``grants''; and
(iii) by striking ``and'' at the end; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) 2 percent of such amount for purposes of providing
technical assistance, directly or through grants or contracts--
``(i) for purposes as otherwise described in
subsections (c)(5), (d)(1)(C)(iii), (d)(1)(E)(iii), and
(d)(4)(E); and
``(ii) to entities referred to in subparagraph (A) of
this paragraph;
``(C) 2 percent of such amount for purposes of the
provision of workforce support, retention, and case management,
including workforce-related technical assistance, to eligible
entities, research and evaluation, and program administration,
directly or through grants or contracts, of which the Secretary
shall use not more than $1,500,000 to establish and operate the
Jackie Walorski Center for Evidence-Based Case Management; and
``(D) 3 percent of such amount for purposes of research and
evaluation (directly or through grants or contracts), and for
administering this section (directly, through contracts, or
otherwise).''.
(3) Appropriations.--
(A) In general.--Section 511(j)(1) of the Social Security
Act (42 U.S.C. 711(j)(1)) is amended by striking subparagraphs
(A) through (H) and inserting the following:
``(A) for fiscal year 2023, $500,000,000 for base grants;
``(B) for fiscal year 2024, $550,000,000, of which
$500,000,000 shall be for base grants and $50,000,000 shall be
for matching grants;
``(C) for fiscal year 2025, $600,000,000, of which
$500,000,000 shall be for base grants and $100,000,000 shall be
for matching grants;
``(D) for fiscal year 2026, $650,000,000, of which
$500,000,000 shall be for base grants and $150,000,000 shall be
for matching grants; and
``(E) for fiscal year 2027, $800,000,000, of which
$500,000,000 shall be for base grants and $300,000,000 shall be
for matching grants.''.
(B) Special rule.--Obligations and expenditures made
pursuant to section 201 of division D of the Continuing
Appropriations and Ukraine Supplemental Appropriations Act,
2023 (Public Law 117-180) and section 201 of division C of the
Further Continuing Appropriations and Extensions Act, 2023
shall be charged to the appropriation made by section
511(j)(1)(A) of the Social Security Act for fiscal year 2023
(as added by subparagraph (A) of this paragraph).
(C) Repeal.--Section 201 of title II of division D of
Public Law 117-180 and section 201 of division C of the Further
Continuing Appropriations and Extensions Act, 2023 are hereby
repealed.
(4) Disposition of excess funds reserved for research,
evaluation, and administration.--Section 511(j) of the Social
Security Act (42 U.S.C. 711(j)) is amended by adding at the end the
following:
``(5) Disposition of excess funds reserved for research,
evaluation, and administration.--To the extent that the amounts
reserved under paragraph (2)(D) for a fiscal year are not obligated
in the fiscal year, the Secretary may use the funds for any purpose
described in this section or to offset any reduction with respect
to this section that is required by Federal law.''.
(d) Requirement That Home Visiting Programs Be Targeted and
Intensive.--Section 511(d)(3) of the Social Security Act (42 U.S.C.
711(d)(3)) is amended by redesignating subparagraph (B) as subparagraph
(C) and inserting after subparagraph (A) the following:
``(B) Use of grant to provide or support targeted,
intensive home visiting services.--The program uses the grant
to provide or support targeted, intensive home visiting
services for the populations described in paragraph (5).''.
(e) Limitation on Use of Funds for Administration.--
(1) In general.--Section 511(d) of the Social Security Act (42
U.S.C. 711(d)) is amended by adding at the end the following:
``(5) Limitation on use of funds for administrative costs.--
``(A) In general.--Except as provided in subparagraph (B)
of this paragraph, an eligible entity to which funds are
provided under subsection (c) or (h)(2)(B) shall not use more
than 10 percent of the funds to cover the costs of
administration.
``(B) Authority to grant exceptions.--
``(i) In general.--The Secretary may authorize an
eligible entity that meets a condition of clause (ii) of
this subparagraph to exceed the percentage limitation in
subparagraph (A) with respect to a program conducted under
this subsection by not more than 5 percentage points,
subject to such terms and conditions as the Secretary deems
appropriate.
``(ii) Conditions.--An eligible entity meets a
condition of this clause if the eligible entity--
``(I) conducts the program by directly providing
home visits to eligible families and without a sub-
recipient;
``(II) in the fiscal year for which the grant for
the program is made under this section, proposes to
expand services in 1 or more communities identified in
the statewide needs assessment under subsection (b) and
in which home visiting services are not provided; or
``(III) has conducted the program for fewer than 3
years.''.
(2) Conforming amendments.--Section 511(i)(2) of such Act (42
U.S.C. 711(i)(2)) is amended by striking subparagraph (C) and
redesignating subparagraphs (D) through (G) as subparagraphs (C)
through (F), respectively.
(f) Annual Report to Congress.--
(1) In general.--Section 511 of the Social Security Act (42
U.S.C. 711) is amended by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively, and inserting after
subsection (i) the following:
``(j) Annual Report to Congress.--By December 31, 2023, and
annually thereafter, the Secretary shall submit to the Congress a
written report on the grants made under this section for the then
preceding fiscal year, which shall include--
``(1) an eligible entity-by-eligible entity summary of the
outcomes measured by the entity with respect to each benchmark
described in subsection (e)(5) that apply to the entity;
``(2) information regarding any technical assistance funded
under subparagraph (B) or (C) of subsection (k)(2), including the
type of any such assistance provided;
``(3) information on the demographic makeup of families served
by each such entity to the extent possible while respecting
participant confidentiality, including race, ethnicity, educational
attainment at enrollment, household income, and other demographic
markers as determined by the Secretary;
``(4) the information described in subsection (d)(1)(E);
``(5) the estimated share of the eligible population served
using grants made under this section;
``(6) a description of each service delivery model funded under
this section by the eligible entities in each State, and the share
(if any) of the grants expended on each model;
``(7) a description of non-Federal expenditures by eligible
entities to qualify for matching funds under subsection (c)(4);
``(8) information on the uses of funds reserved under
subsection (k)(2)(C);
``(9) information relating to those eligible entities for which
funding is reserved under subsection (k)(2)(A), with modifications
as necessary to reflect tribal data sovereignty, data privacy, and
participant confidentiality; and
``(10) a list of data elements collected from eligible
entities, and the purpose of each data element in measuring
performance or enforcing requirements under this section.''.
(2) Conforming amendments.--
(A) Section 511 of such Act (42 U.S.C. 711) is amended--
(i) in subsection (b)(1)(B)(iii), by striking
``(k)(2)'' and inserting ``(l)(2)''; and
(ii) in subsection (h)(2)(B)--
(I) by striking ``(j)'' and inserting ``(k)''; and
(II) by striking ``(k)(1)(B)'' and inserting
``(l)(1)(B)''.
(B) Section 511A(c) of such Act (42 U.S.C. 711a(c)) is
amended in each of paragraphs (5) and (7) by striking
``511(k)(2)'' and inserting ``511(l)(2)''.
(g) Reduction of Administrative Burden.--Section 511(h) of the
Social Security Act (42 U.S.C. 711(h)) is amended by adding at the end
the following:
``(6) Reduction of administrative burden.--
``(A) In general.--The Secretary shall reduce the burden,
on States and public and private implementing agencies at the
local level, of administering this section, by--
``(i) reviewing and revising administrative data
collection instruments and forms to eliminate duplication
and streamline reporting requirements for States, eligible
entities referred to in subsection (k)(2)(A), and nonprofit
organizations referred to in subsection (l)(1)(B),
including timelines for submitting reports;
``(ii) conducting an analysis of the total number of
hours reported by administering agencies on complying with
paperwork requirements, and exploring, in consultation with
administering agencies, ways to reduce the number of hours
spent by at least 15 percent;
``(iii) conducting a review of paperwork and data
collection requirements for tribal grantees, and exploring,
in consultation with tribes and tribal organizations, ways
to reduce administrative burden, respect sovereignty, and
acknowledge the different focus points for tribal grantees;
``(iv) collecting input from relevant State fiscal
officials to align fiscal requirements and oversight for
States and eligible entities to ensure consistency with
standards and guidelines for other Federal formula grant
programs; and
``(v) consulting with administering agencies and
service delivery model representatives on needed and
unneeded data elements regarding the dashboards provided
for in subsection (d)(1)(B), consistent with the data
requirements of such subsection.
``(B) Findings on paperwork reduction.--
``(i) Inclusion in report.--In the 1st report submitted
pursuant to subsection (j) more than 18 months after the
date of the enactment of this Act, the Secretary shall
include the findings of the Secretary with respect to the
matters described in subparagraph (A).
``(ii) Implementation.--Within 2 years after complying
with clause (i), the Secretary shall implement the findings
referred to in clause (i).''.
(h) Virtual Home Visiting Authorization and Restrictions.--
(1) Virtual home visits.--
(A) Application requirements.--Section 511(e) of the Social
Security Act (42 U.S.C. 711(e)) is amended by redesignating
paragraph (10) as paragraph (11) and inserting after paragraph
(9) the following:
``(10) At the option of the eligible entity--
``(A) a description of any limitations or constraints on
virtual home visits under the program, including--
``(i) a description of the plan of the eligible entity
to encourage in-person home visits; and
``(ii) a description of the considerations to be used
in determining when a virtual home visit is appropriate,
including client consent, client preference, geographic
limitations, model fidelity, and hazardous conditions
including public health emergencies, weather events, health
concerns for home visitors and client families, and other
local issues;
``(B) an assurance that--
``(i) the virtual home visit is implemented as a model
enhancement; or
``(ii) the Secretary has identified the home visit as
part of an effective model or model adaptation, based on an
evidence of effectiveness review conducted using the
criteria established under subsection (d)(3)(A)(iii); and
``(C) an assurance to the Secretary that at least 1 in-
person home visit shall be conducted for each client family
under the program during the 12-month period that begins with
the entry of the client family into the program, and during
each succeeding 12-month period, except that any such period in
which a public health emergency declared under Federal law, or
under the law of the State in which the program is conducted,
is in effect shall be extended by the length of time in which
the declaration is in effect.''.
(B) Applicable rules.--Section 511(d) of such Act (42
U.S.C. 711(d)) is amended by redesignating paragraph (4) and
paragraph (5) (as added by subsection (e)(1) of this section)
as paragraphs (5) and (6), respectively, and inserting after
paragraph (3) the following:
``(4) Virtual home visits.--
``(A) In general.--A virtual home visit conducted under the
program shall be considered a home visit for purposes of this
section if the application for funding of the program submitted
pursuant to this section most recently after the effective date
of this paragraph includes the material described in subsection
(e)(10).
``(B) Standards for training applicable to virtual service
delivery.--The standards for training requirements applicable
to virtual service delivery under a home visiting model shall
be equivalent to those that apply to in-person service delivery
under the model.
``(C) Reporting requirement.--A grant made under this
section for the program may not be used for any virtual home
visit during a year, unless the eligible entity to which the
grant is made submits the report described in subsection
(e)(8)(A) for the year.
``(D) Virtual home visit defined.--In this section, the
term `virtual home visit' means a visit conducted solely by use
of electronic information and telecommunications technologies.
``(E) Technical assistance.--If the Secretary finds that an
eligible entity has not complied with the assurance described
in subsection (e)(10)(C), the Secretary shall, directly or
through grants, contracts, or cooperative agreements, provide
the eligible entity with such technical assistance as is
necessary to assist the eligible entity in doing so.''.
(C) Program requirement.--Section 511(d)(3)(C) of such Act
(42 U.S.C. 711(d)(3)(C)), as so redesignated by subsection (d)
of this section, is amended by adding at the end the following:
``(vii) If the application submitted by the eligible
entity includes the assurance described in subsection
(e)(10)(C) with respect to the program, the program
provides in-person service consistent with the
assurances.''.
(D) Reports.--Section 511(e)(8)(A) of such Act (42 U.S.C.
711(e)(8)(A)) is amended by inserting ``, including the number
of virtual home visits conducted under the program in the year
covered by the report, disaggregated with respect to each home
visiting model under which the virtual home visits are
conducted'' before the semicolon.
(2) Transition rule.--
(A) In general.--A virtual home visit conducted before the
effective date of the amendments made by this subsection under
an early childhood home visitation program funded under section
511 of the Social Security Act shall be considered a home visit
for purposes of such section.
(B) Virtual home visit defined.--In subparagraph (A), the
term ``virtual home visit'' means a visit conducted solely by
use of electronic information and telecommunications
technologies.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on October 1, 2022.
(2) Virtual home visiting provisions.--The amendments made by
subsection (h) shall take effect on October 1, 2023.
SEC. 6102. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM.
Activities authorized by part A of title IV (other than under
section 403(c) or 418) and section 1108(b) of the Social Security Act
shall continue through September 30, 2023, in the manner authorized for
fiscal year 2022, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose.
SEC. 6103. 1-YEAR EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) The following provisions of the Social Security Act are each
amended by striking ``2022'' and inserting ``2023'':
(1) Section 436(a) (42 U.S.C. 629f(a)).
(2) Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)).
(3) Section 436(b)(5) (42 U.S.C. 629f(b)(5)).
(4) Section 438(d) (42 U.S.C. 629h(d)).
(b) The following provisions of the Social Security Act are each
amended by striking ``2021'' and inserting ``2023'':
(1) Section 425 (42 U.S.C. 625).
(2) Section 437(a) (42 U.S.C. 629g(a)).
(3) Section 437(f)(3)(A) (42 U.S.C. 629g(f)(3)(A)).
(4) Section 437(f)(10) (42 U.S.C. 629g(f)(10)).
TITLE VII--SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM
SEC. 7701. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM.
(a) In General.--Title XXXIII of the Public Health Service Act (42
U.S.C. 300mm et seq.) is amended by adding at the end the following:
``SEC. 3352. SUPPLEMENTAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Supplemental Fund (referred to in
this section as the `Supplemental Fund'), consisting of amounts
deposited into the Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2023
$1,000,000,000, for deposit into the Supplemental Fund, which amounts
shall remain available through fiscal year 2032.
``(c) Uses of Funds.--Amounts deposited into the Supplemental Fund
under subsection (b) shall be available, without further appropriation
and without regard to any spending limitation under section 3351(c), to
the WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title, including
sections 3303 and 3341(c).
``(d) Return of Funds.--Any amounts that remain in the Supplemental
Fund on September 30, 2032, shall be deposited into the Treasury as
miscellaneous receipts.''.
(b) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``section 3351'' and inserting
``sections 3351 and 3352'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``section 3351'' and inserting
``sections 3351 and 3352'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by inserting ``and the World Trade
Center Health Program Supplemental Fund'' before the period at
the end; and
(B) in subsection (d)--
(i) in paragraph (1)(B), by inserting ``(excluding any
expenditures from amounts in the World Trade Center Health
Program Supplemental Fund under section 3352)'' before the
period at the end; and
(ii) in paragraph (2), in the flush text following
subparagraph (C), by inserting ``(excluding any
expenditures from amounts in the World Trade Center Health
Program Supplemental Fund under section 3352)'' before the
period at the end; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end; and
(B) in paragraph (3), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end.
(c) Prevention and Public Health Fund.--Section 4002(b) of the
Patient Protection and Affordable Care Act (42 U.S.C. 300u-11(b)) is
amended--
(1) in paragraph (8), by striking ``$1,800,000,000; and'' and
inserting ``$1,525,000,000;'';
(2) by striking paragraph (9) and inserting the following:
``(9) for each of fiscal years 2028 and 2029, $1,725,000,000;
and''; and
(3) by adding at the end the following:
``(10) for fiscal year 2030 and each fiscal year thereafter,
$2,000,000,000.''.
SEC. 7702. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON YOUTH.
(a) In General.--Section 3341 of the Public Health Service Act (42
U.S.C. 300mm-51) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``With respect'' through ``subtitle B, the'' and inserting
``The''; and
(B) by striking ``of such individuals'' each place it
appears;
(2) in subsection (b)(1), by inserting ``and individuals who
were exposed within a geographic area related to the September 11,
2001, terrorist attacks in a manner similar to the exposure within
such geographic area experienced by individuals meeting the
eligibility criteria under section 3311(a)(2) or 3321(a)(1)(B)''
after ``treatment'';
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Research Cohort for Emerging Health Impacts on Youth.--
``(1) In general.--The WTC Program Administrator, in
consultation with the Secretary of Education, shall establish a
research cohort of sufficient size to conduct future research
studies on the health and educational impacts of exposure to
airborne toxins, or any other hazard or adverse condition,
resulting from the September 11, 2001, terrorist attacks, including
on the population of individuals who were 21 years of age or
younger at the time of exposure, including such individuals who are
screening-eligible WTC survivors or certified-eligible WTC
survivors.
``(2) Populations studied.--The research cohort under paragraph
(1) may include--
``(A) individuals who, on September 11, 2001, were 21 years
of age or younger and were--
``(i) outside the New York City disaster area; and
``(ii) in--
``(I) the area of Manhattan not further north than
14th Street; or
``(II) Brooklyn; and
``(B) control populations, including populations of
individuals who, on September 11, 2001, were 21 years of age or
younger.''.
(b) Funding.--Section 3351(b) of such Act (42 U.S.C. 300mm-61(b))
is amended by inserting after paragraph (3) the following:
``(4) Limitation for research cohort for emerging health
impacts on youth.--Notwithstanding paragraph (1), the amounts made
available under such paragraph may not be used for fiscal years
2023 through 2032 to carry out subsection (c) of section 3341.''.
(c) Conforming Amendment.--Section 3301(f)(2)(E) of such Act (42
U.S.C. 300mm(f)(2)(E)) is amended by striking ``section 3341(a)'' and
inserting ``subsection (a) or (c) of section 3341''.
DIVISION GG--MERGER FILING FEE MODERNIZATION
SEC. 101. SHORT TITLE.
This division may be cited as the ``Merger Filing Fee Modernization
Act of 2022''.
TITLE I--MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY
REQUIREMENTS; LIMITATION ON FUNDING
SEC. 101. MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.
Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``$45,000'' and inserting ``$30,000'';
(ii) by striking ``$100,000,000'' and inserting
``$161,500,000'';
(iii) by striking ``2004'' and inserting ``2023''; and
(iv) by striking ``2003'' and inserting ``2022'';
(B) in paragraph (2)--
(i) by striking ``$125,000'' and inserting
``$100,000'';
(ii) by striking ``$100,000,000'' and inserting
``$161,500,000'';
(iii) by striking ``but less'' and inserting ``but is
less''; and
(iv) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``$280,000'' and inserting
``$250,000''; and
(ii) by striking the period at the end and inserting
``but is less than $1,000,000,000 (as so adjusted and
published);''; and
(D) by adding at the end the following:
``(4) $400,000 if the aggregate total amount determined under
section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not
less than $1,000,000,000 (as so adjusted and published) but is less
than $2,000,000,000 (as so adjusted and published);
``(5) $800,000 if the aggregate total amount determined under
section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not
less than $2,000,000,000 (as so adjusted and published) but is less
than $5,000,000,000 (as so adjusted and published); and
``(6) $2,250,000 if the aggregate total amount determined under
section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not
less than $5,000,000,000 (as so adjusted and published).''; and
(2) by adding at the end the following:
``(c)(1) For each fiscal year commencing after September 30, 2023,
the filing fees in this section shall be increased by an amount equal
to the percentage increase, if any, in the Consumer Price Index, as
determined by the Department of Labor or its successor, for the year
then ended over the level so established for the year ending September
30, 2022.
``(2) As soon as practicable, but not later than January 31 of each
year, the Federal Trade Commission shall publish the adjusted amounts
required by paragraph (1).
``(3) The Federal Trade Commission shall not adjust amounts
required by paragraph (1) if the percentage increase described in
paragraph (1) is less than 1 percent.
``(4) An amount adjusted under this section shall be rounded to the
nearest multiple of $5,000.''.
SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.
(a) FTC and DOJ Joint Report.--For each of fiscal years 2023
through 2027, the Federal Trade Commission and Department of Justice
shall jointly and annually report to the Congress on the operation of
section 7A of the Clayton Act (15 U.S.C. 18a) and shall include in such
report the following:
(1) The amount of funds made available to the Federal Trade
Commission and the Department of Justice, respectively, from the
premerger notification filing fees under this section, as adjusted
by the Merger Filing Fee Modernization Act of 2022, as compared to
the funds made available to the Federal Trade Commission and the
Department of Justice, respectively, from premerger notification
filing fees as the fees were determined in fiscal year 2022.
(2) The total revenue derived from premerger notification
filing fees, by tier, by the Federal Trade Commission and the
Department of Justice, respectively.
(3) The gross cost of operations of the Federal Trade
Commission, by Budget Activity, and the Antitrust Division of the
Department of Justice, respectively.
(b) FTC Report.--The Federal Trade Commission shall include in the
report required under subsection (a), in addition to the requirements
under subsection (a), for the previous fiscal year--
(1) for actions with respect to which the record of the vote of
each member of the Federal Trade Commission is on the public record
of the Federal Trade Commission, a list of each action with respect
to which the Federal Trade Commission took or declined to take
action on a 3 to 2 vote; and
(2) for all actions for which the Federal Trade Commission took
a vote, the percentage of such actions that were decided on a 3 to
2 vote.
(c) Summary.--The Federal Trade Commission and the Department of
Justice shall make the report required under subsection (a) available
to the Committees on the Judiciary of the House of Representatives and
of the Senate, and shall, for fiscal years 2023 through 2027, no later
than July 1, present a summary of the joint annual report for the
preceding fiscal year, including the information required in
subsections (a) and (b) of this section, to the Committees on the
Judiciary of the House of Representatives and of the Senate.
TITLE II--DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Foreign subsidies, which can take the form of direct
subsidies, grants, loans (including below-market loans), loan
guarantees, tax concessions, preferential government procurement
policies, or government ownership or control, can distort the
competitive process by enabling the subsidized firm to submit a bid
higher than other firms in the market, or otherwise change the
incentives of the firm in ways that undermine competition following
an acquisition.
(2) Foreign subsidies are particularly problematic when granted
by countries or entities that constitute a strategic or economic
threat to United States interests.
(3) The Made in China 2025 plan, states that the Chinese
Communist Party will ``support enterprises to carry out mergers and
acquisitions (M&A), equity investment, and venture capital
overseas''.
(4) The 2020 report to Congress from the bipartisan U.S.-China
Economic and Security Review Commission concluded that the Chinese
Government subsidizes companies with a goal of their expanding into
the United States and other countries, finding that ``[t]his
process assists Chinese national champions in surpassing and
supplanting global market leaders''. The report warns that the risk
is particularly acute when it comes to emerging technologies, where
China seeks to ``surpass and displace the United States altogether
[and that] [f]ailure to appreciate the gravity of this challenge
and defend U.S. competitiveness would be dire . . . [and] risks
setting back U.S. economic and technological progress for
decades''.
(5) In remarks before the Hudson Institute on December 8, 2020,
FTC Commissioner Noah Phillips stated, ``[O]ne area where antitrust
needs to reckon with the strategic interests of other nations is
when we scrutinize mergers or conduct involving state-owned
entities . . . companies that are controlled, to varying degrees,
by the state . . . [and] often are a government tool for
implementing industrial policies or to protect national security''.
(b) Purpose.--The purpose of this section is to require parties
providing pre-merger notifications to include in the notification
required under section 7A of the Clayton Act (15 U.S.C. 18a)
information concerning subsidies they receive from countries or
entities that are strategic or economic threats to the United States.
SEC. 202. MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.
(a) Definition.--In this section, the term ``foreign entity of
concern'' has the meaning given the term in section 40207 of the
Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)).
(b) Accounting for Foreign Government Subsidies.--A person required
to file a notification under section 7A of the Clayton Act (15 U.S.C.
18a) that received a subsidy from a foreign entity of concern shall
include in such notification content regarding such subsidy.
(c) Authority of Antitrust Regulators.--The Federal Trade
Commission, with the concurrence of the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice, and in
consultation with the Chairperson of the Committee on Foreign
Investment in the United States, the Secretary of Commerce, the Chair
of the United States International Trade Commission, the United States
Trade Representative, and the heads of other appropriate agencies, and
by rule in accordance with section 553 of title 5, United States Code,
shall require that the notification required under subsection (b) be in
such form and contain such documentary material and information
relevant to a proposed acquisition as is necessary and appropriate to
enable the Federal Trade Commission and the Assistant Attorney General
in charge of the Antitrust Division of the Department of Justice to
determine whether such acquisition may, if consummated, violate the
antitrust laws.
(d) Effective Date.--Subsection (b) shall take effect on the date
on which the rule described in subsection (c) takes effect.
TITLE III--VENUE FOR STATE ANTITRUST ENFORCEMENT
SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.
Section 1407 of title 28, United States Code, is amended--
(1) in subsection (g) by inserting ``or a State'' after
``United States'' and striking ``; but shall not include section 4A
of the Act of October 15, 1914, as added July 7, 1955 (69 Stat.
282; 15 U.S.C. 15a)''; and
(2) by striking subsection (h).
DIVISION HH--AGRICULTURE
SEC. 101. DEFINITION.
In this division, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--CONSERVATION
SEC. 201. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-
PARTY VERIFIER PROGRAM.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means the
Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program Advisory Council established under subsection
(f)(1).
(2) Agriculture or forestry credit.--The term ``agriculture or
forestry credit'' means a credit representing an amount of
greenhouse gas emissions from an agricultural or forestry activity
that are prevented, reduced, or mitigated (including through the
sequestration of carbon) as a result of an agricultural or forestry
activity.
(3) Beginning, socially disadvantaged, limited resource, or
veteran farmer, rancher, or private forest landowner.--The term
``beginning, socially disadvantaged, limited resource, or veteran
farmer, rancher, or private forest landowner'' means a farmer,
rancher, or private forest landowner who is--
(A) a beginning farmer or rancher (as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)));
(B) a socially disadvantaged farmer or rancher (as defined
in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)));
(C) a limited resource farmer or rancher (as defined in
section 1470.3 of title 7, Code of Federal Regulations (or
successor regulations)); or
(D) a veteran farmer (as defined in section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279)).
(4) Covered entity.--The term ``covered entity'' means a person
or entity, including a private business, non-profit organization,
or public agency, that either--
(A) is a provider of technical assistance to farmers,
ranchers, or private forest landowners in carrying out
sustainable land use management practices that prevent, reduce,
or mitigate greenhouse gas emissions (including through the
sequestration of carbon); or
(B) is a third-party verifier entity that conducts the
verification of the processes described in protocols for
voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in consultation with
the Advisory Council, determines has been identified to have
heat trapping qualities.
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier Program
established under subsection (b).
(7) Protocol.--The term ``protocol'' means a systematic
approach for generating an agriculture or forestry credit, which
follows a transparent and thorough science-based methodology
(including 1 or more baseline scenarios)--
(A) for the development of projects to prevent, reduce, or
mitigate greenhouse gas emissions (including projects to
sequester carbon); and
(B) for demonstrating how to quantify, monitor, report, and
verify the prevention, reduction, or mitigation of greenhouse
gas emissions by projects described in subparagraph (A).
(8) Socially disadvantaged group.--The term ``socially
disadvantaged group'' has the meaning given that term in section
355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e)).
(9) Technical assistance.--The term ``technical assistance''
means technical expertise, information, and tools to assist a
farmer, rancher, or private forest landowner, who is engaged in or
wants to engage in a project to prevent, reduce, or mitigate
greenhouse gas emissions (including a project to sequester carbon),
as necessary to meet a protocol.
(10) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary market
through which agriculture or forestry credits may be bought or
sold.
(b) Establishment of Program.--
(1) Determination.--
(A) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall make a determination
of whether establishing a voluntary program to register covered
entities that carry out activities described in subsection
(c)(2) will further each of the following purposes:
(i) Facilitating the participation of farmers,
ranchers, and private forest landowners in voluntary
environmental credit markets.
(ii) Facilitating the provision of technical
assistance, through covered entities, to farmers, ranchers,
and private forest landowners to help overcome barriers to
entry into voluntary environmental credit markets.
(iii) Ensuring that participating farmers, ranchers,
and private forest landowners receive fair distribution of
revenues derived from the sale of an agriculture or
forestry credit.
(iv) Increasing access for farmers, ranchers, and
private forest landowners to resources relating to existing
voluntary environmental credit markets, including
information relating to the basic market structure and the
various roles and qualifications of different parties.
(B) Considerations.--In making the determination under this
paragraph, the Secretary shall consider the results of the
assessment conducted under subsection (g)(2)(A) and any other
relevant information.
(2) Establishment.--If the Secretary determines under paragraph
(1) that establishing such a program will further such purposes,
the Secretary shall establish a voluntary program, to be known as
the ``Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program'', to register covered entities that carry out
activities described in subsection (c).
(3) Report.--Not later than 90 days after making the
determination under paragraph (1), the Secretary shall publish a
report describing the reasons for such determination, including how
establishing a program under this subsection would or would not
further each of the purposes described in paragraph (1)(A).
(c) Protocols, Qualifications, and Activities.--
(1) Widely accepted protocols and qualifications.--After
providing public notice and at least a 60-day period for public
comment, but not later than 90 days after the date on which the
Program is established, the Secretary shall publish--
(A) a list of, and documents relating to, widely accepted
protocols that are designed to ensure consistency, reliability,
effectiveness, efficiency, and transparency of voluntary
environmental credit markets, including protocol documents and
details relating to--
(i) calculations;
(ii) sampling methodologies;
(iii) voluntary environmental credit accounting
principles;
(iv) systems for verification, monitoring, measurement,
and reporting; and
(v) methods to account for additionality, permanence,
leakage, and, where appropriate, avoidance of double
counting; and
(B) descriptions of widely accepted qualifications
possessed by covered entities that provide technical assistance
to farmers, ranchers, and private forest landowners.
(2) Activities.--A covered entity may register under the
Program with respect to technical assistance or process
verification the covered entity carries out for activities that
prevent, reduce, or mitigate greenhouse gas emissions, including--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice or
reduced fuel use;
(C) livestock emissions reductions, including emissions
reductions achieved through--
(i) feeds, feed additives, and the use of byproducts as
feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting
practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands,
and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities,
that the Secretary, in consultation with the Advisory Council,
determines to be appropriate.
(3) Inclusions.--In publishing the list of widely accepted
protocols and the descriptions of widely accepted qualifications
under paragraph (1), the Secretary, in consultation with the
Advisory Council, shall include all relevant information relating
to market-based protocols, as appropriate, with regard to--
(A) quantification;
(B) verification;
(C) additionality;
(D) permanence;
(E) reporting; and
(F) other expertise, as determined by the Secretary.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list and descriptions published
under paragraph (1) to include any additional protocols or
qualifications described in paragraph (3).
(d) Registration, Website, and Publication of Lists.--
(1) Registration list.--
(A) In general.--Not later than 1 year after establishing
the Program, the Secretary shall publish, through a website
maintained by the Secretary, a registration list consisting of
a list of covered entities that have submitted information to
the Secretary, which list the Secretary shall regularly update.
(B) Registration.--A covered entity may register under the
Program to be included on the registration list by submitting
to the Secretary, through a website maintained by the
Secretary, information that--
(i) shall include--
(I) the region in which the covered entity provides
its services;
(II) whether the covered entity is a technical
assistance provider or a verifier; and
(III) the protocols in which the covered entity has
proficiency; and
(ii) may include additional information that--
(I) has been identified by the Advisory Council in
its initial assessment under subsection (g)(1) to
ensure certainty for producers in the marketplace for
agriculture or forestry credits; and
(II) the Secretary determines is appropriate for
inclusion.
(2) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established, the
Secretary shall publish, through an existing website maintained by
the Secretary--
(A) information describing how covered entities may
register under the Program in accordance with paragraph (1);
(B) a list of the widely accepted protocols and
qualifications published by the Secretary under subsection
(c)(1); and
(C) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating the
development of agriculture or forestry credits and accessing
voluntary environmental credit markets, including--
(i) through working with covered entities registered
under the Program; and
(ii) by providing information relating to programs,
registries, and protocols of programs and registries that
provide market-based participation opportunities for
working and conservation agricultural and forestry lands.
(3) Programmatic integrity.--The Secretary shall ensure, to the
maximum extent practicable, that covered entities registered under
the Program--
(A) act in good faith to provide realistic estimates of
costs and revenues relating to activities and verification of
processes described in subsection (c)(2), as applicable to the
covered entity; and
(B) demonstrate expertise in, and are able to perform in
accordance with, best management practices for agricultural and
forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the sequestration
of carbon).
(4) Removal from registration list.--
(A) In general.--
(i) Removal.--The Secretary shall remove a covered
entity from the registration list under the Program if the
Secretary determines that the covered entity has not acted
in accordance with--
(I) the information provided by the entity under
paragraph (1)(B); or
(II) best management practices for agricultural and
forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the
sequestration of carbon).
(ii) Determination.--The Secretary may make a
determination under clause (i)--
(I) based on a periodic review of a representative
sample of covered entities, which shall occur not less
frequently than once each year; or
(II) as necessary.
(B) Appeal of removal.--
(i) In general.--A covered entity that has been removed
from the registration list pursuant to subparagraph (A) may
appeal the determination to the Secretary.
(ii) Re-registration.--A covered entity that appeals a
determination under clause (i) may re-register under the
Program if the covered entity successfully proves, as
determined by the Secretary, that the covered entity has
acted in accordance with, as applicable--
(I) the information provided by the entity under
paragraph (1)(B); and
(II) best management practices for agricultural and
forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the
sequestration of carbon).
(C) Notification.--If the Secretary removes a covered
entity from the registration list pursuant to subparagraph (A),
to the extent practicable, the Secretary shall--
(i) request from that covered entity contact
information for all farmers, ranchers, and private forest
landowners to which the covered entity provided technical
assistance or the verification of the processes described
in protocols of voluntary environmental credit markets; and
(ii) notify those farmers, ranchers, and private forest
landowners of the removal.
(5) Savings clause.--Nothing in this section authorizes the
Secretary to compel a farmer, rancher, or private forest landowner
to participate in a transaction or project facilitated by a covered
entity certified under paragraph (1).
(e) Submission of Fraudulent Information or Claims.--
(1) In general.--A person or entity, regardless of whether the
person or entity is registered under the Program, shall not make a
fraudulent submission under subsection (d) or make a fraudulent
claim regarding the presence of that person or entity on the
registration list published under such subsection.
(2) Penalty.--Any person or entity that violates paragraph (1)
shall be--
(A) subject to a civil penalty equal to such amount as the
Secretary determines to be appropriate, not to exceed $1,000
per violation; and
(B) ineligible to register under the Program for the 5-year
period beginning on the date of the violation.
(f) Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the date
on which the Program is established, the Secretary shall establish
an advisory council, to be known as the ``Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Program Advisory
Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of
members appointed by the Secretary in accordance with this
paragraph.
(B) General representation.--The Advisory Council shall--
(i) be broadly representative of the agriculture and
private forest sectors;
(ii) include beginning, socially disadvantaged, limited
resource, and veteran farmers, ranchers, and private forest
landowners; and
(iii) be composed of not less than 51 percent farmers,
ranchers, or private forest landowners.
(C) Members.--Members appointed under subparagraph (A)
shall include--
(i) not more than 2 representatives of the Department
of Agriculture, as determined by the Secretary;
(ii) not more than 1 representative of the
Environmental Protection Agency, as determined by the
Administrator of the Environmental Protection Agency;
(iii) not more than 1 representative of the National
Institute of Standards and Technology;
(iv) not fewer than 12 representatives of the
agriculture industry, appointed in a manner that is broadly
representative of the agriculture sector, including not
fewer than 6 active farmers and ranchers;
(v) not fewer than 4 representatives of private forest
landowners or the forestry and forest products industry
appointed in a manner that is broadly representative of the
private forest sector;
(vi) not more than 4 representatives of the relevant
scientific research community, including not fewer than 2
representatives from land-grant colleges and universities
(as defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)), of which 1 shall be a representative of a
college or university eligible to receive funds under the
Act of August 30, 1890 (commonly known as the ``Second
Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et
seq.), including Tuskegee University;
(vii) not more than 2 experts or professionals familiar
with voluntary environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of nongovernmental or
civil society organizations with relevant expertise, of
which not fewer than 1 shall represent the interests of
socially disadvantaged groups;
(ix) not more than 3 members of private sector entities
or organizations that participate in voluntary
environmental credit markets; and
(x) any other individual whom the Secretary determines
to be necessary to ensure that the Advisory Council is
composed of a diverse group of representatives of industry,
academia, independent researchers, and public and private
entities.
(D) Chair.--The Secretary shall designate a member of the
Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of the Advisory
Council shall be 2 years, except that, of the members first
appointed--
(I) not fewer than 8 members shall serve for a term
of 1 year;
(II) not fewer than 12 members shall serve for a
term of 2 years; and
(III) not fewer than 12 members shall serve for a
term of 3 years.
(ii) Additional terms.--After the initial term of a
member of the Advisory Council, including the members first
appointed, the member may serve not more than 4 additional
2-year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not less
frequently than annually, at the call of the Chair.
(B) Initial meeting.--During the 90-day period beginning on
the date on which the members are appointed under paragraph
(2)(A), the Advisory Council shall hold an initial meeting.
(4) General duties.--The Advisory Council shall--
(A) periodically review and recommend any appropriate
changes to--
(i) the list of protocols and description of
qualifications published by the Secretary under subsection
(c)(1); and
(ii) the activities described in subsection (c)(1)(B);
(B) make recommendations to the Secretary regarding the
best practices that should be included in the protocols,
description of qualifications, and activities described in
subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary environmental
credit markets to quantify and verify the prevention,
reduction, or mitigation of greenhouse gas emissions
(including the sequestration of carbon);
(ii) means to reduce barriers to entry in the business
of providing technical assistance or the verification of
the processes described in protocols of voluntary
environmental credit markets for covered entities,
including by improving technical assistance provided by the
Secretary;
(iii) means to reduce compliance and verification costs
for farmers, ranchers, and private forest landowners in
entering voluntary environmental credit markets, including
through mechanisms and processes to aggregate the value of
activities across land ownership;
(iv) issues relating to land and asset ownership in
light of evolving voluntary environmental credit markets;
and
(v) additional means to reduce barriers to entry in
voluntary environmental credit markets for farmers,
ranchers, and private forest landowners, particularly for
beginning, socially disadvantaged, limited resource, and
veteran farmers, ranchers, and private forest landowners.
(5) Compensation.--The members of the Advisory Council shall
serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of the
Advisory Council that may result in the favoring of, or a
direct and predictable effect on--
(i) the member or a family member, as determined by the
Secretary;
(ii) stock owned by the member or a family member, as
determined by the Secretary; or
(iii) the employer of, or a business owned in whole or
in part by, the member or a family member, as determined by
the Secretary; or
(B) providing advice or recommendations regarding, or
otherwise participating in, matters of the Advisory Council
that--
(i) constitute a conflict of interest under section 208
of title 18, United States Code; or
(ii) may call into question the integrity of the
Advisory Council, the Program, or the technical assistance
or verification activities described under subsection
(c)(2).
(7) FACA applicability.--The Advisory Council shall be subject
to the Federal Advisory Committee Act (5 U.S.C. App.), except that
section 14(a)(2) of that Act shall not apply.
(g) Assessment.--
(1) Initial assessment.--Not later than 90 days after the
Advisory Council holds an initial meeting, the Advisory Council
shall submit to the Secretary, the Committee on Agriculture of the
House of Representatives, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an initial assessment that
examines ways to ensure certainty for farmers, ranchers, or private
forest landowners in the marketplace for agriculture or forestry
credits, including identification of any information that may be
appropriate for entities to provide when registering under
subsection (d)(1)(B).
(2) General assessment.--Not later than 240 days after the date
of enactment of this Act, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall--
(A) conduct an assessment, which incorporates information
from existing publications and reports of the Department of
Agriculture and other entities with relevant expertise,
regarding--
(i) the number and categories of non-Federal actors in
the nonprofit and for-profit sectors involved in
development, generation, or sale of agriculture or forestry
credits in voluntary environmental credit markets;
(ii) the estimated overall domestic market demand for
agriculture or forestry credits at the end of the preceding
4-calendar year period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or forestry
credits (measured in metric tons of carbon dioxide
equivalent) that were estimated to be in development,
generated, or sold in market transactions during the
preceding 4-calendar year period, and historically, in
voluntary environmental credit markets;
(iv) the estimated supply and demand of metric tons of
carbon dioxide equivalent of offsets in the global
marketplace for the next 4 years;
(v) the barriers to entry due to compliance and
verification costs described in subsection (f)(4)(C)(iii);
(vi) the state of monitoring and measurement
technologies needed to quantify long-term carbon
sequestration in soils and from other activities to
prevent, reduce, or mitigate greenhouse gas emissions in
the agriculture and forestry sectors;
(vii) means to reduce barriers to entry into voluntary
environmental credit markets for beginning, socially
disadvantaged, limited resource, and veteran farmers,
ranchers, and private forest landowners, and the extent to
which existing protocols of voluntary environmental credit
markets allow for aggregation of projects among farmers,
ranchers, and private forest landowners;
(viii) the extent to which the existing regimes for
generating and selling agriculture or forestry credits (as
the regimes exist at the end of the preceding 4-calendar
year period, and historically), and existing voluntary
environmental credit markets, may be impeded or
constricted, or achieve greater scale and reach, if the
Department of Agriculture were involved, including
involvement in education described in clause (ix);
(ix) the extent to which Department of Agriculture
education of stakeholders about voluntary environmental
credit markets would benefit those stakeholders, including
whether that education would reduce barriers to entry
identified under clause (v);
(x) the extent to which existing protocols of voluntary
environmental credit markets, including verification,
additionality, permanence, and reporting, adequately take
into consideration and account for factors encountered by
the agriculture and private forest sectors in preventing,
reducing, or mitigating greenhouse gas emissions (including
by sequestering carbon) through agriculture and forestry
practices, considering variances across regions,
topography, soil types, crop or species varieties, and
business models;
(xi) the extent to which existing protocols of
voluntary environmental credit markets consider options to
ensure the continued valuation, through discounting or
other means, of agriculture and forestry credits in the
case of the practices underlying those credits being
disrupted due to unavoidable events, including production
challenges and natural disasters; and
(xii) opportunities for other voluntary markets outside
of voluntary environmental credit markets to foster the
trading, buying, or selling of credits that are derived
from activities that provide other ecosystem service
benefits, including activities that improve water quality,
water quantity, wildlife habitat enhancement, and other
ecosystem services, as the Secretary determines
appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives.
(3) Quadriennial assessment.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency and
the Advisory Council, shall conduct the assessment described in
paragraph (2)(A) and publish and submit such assessment in
accordance with subparagraphs (B) and (C) of paragraph (2) every 4
years after the publication and submission of the first assessment
under subparagraphs (B) and (C) of paragraph (2).
(h) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary, any other officer or employee of the Department of
Agriculture or any agency of the Department of Agriculture, or
any other person may not disclose to the public the information
held by the Secretary described in subparagraph (B).
(B) Information.--
(i) In general.--Except as provided in clause (ii), the
information prohibited from disclosure under subparagraph
(A) is--
(I) personally identifiable information, including
in a contract or service agreement, of a farmer,
rancher, or private forest landowner, obtained by the
Secretary under subsection (d)(4)(C)(i); and
(II) confidential business information in a
contract or service agreement of a farmer, rancher, or
private forest landowner obtained by the Secretary
under subsection (d)(4)(C)(i).
(ii) Aggregated release.--Information described in
clause (i) may be released to the public if the information
has been transformed into a statistical or aggregate form
that does not allow the identification of the person who
supplied or is the subject of the particular information.
(2) Exception.--Paragraph (1) shall not prohibit the disclosure
by an officer or employee of the Federal Government of information
described in paragraph (1)(B) as otherwise directed by the
Secretary or the Attorney General for enforcement purposes.
(i) Funding.--
(1) Authorization of appropriations.--In addition to the amount
made available under paragraph (2), there is authorized to be
appropriated to carry out this section $1,000,000 for each of
fiscal years 2023 through 2027.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of the
unobligated balance of amounts made available by section 1003
of the American Rescue Plan Act of 2021 (Public Law 117-2).
(B) Appropriation.--If such unobligated amounts are
available to execute the rescission under subparagraph (A), on
the day after the execution of the rescission, there is
appropriated to the Secretary, out of amounts in the Treasury
not otherwise appropriated, $4,100,000 to carry out this
section to remain available for fiscal years 2023 through 2027.
(3) Prohibition.--None of the funds of the Commodity Credit
Corporation shall be used to carry out this section.
(j) Rule of Construction.--Nothing in this section shall be
construed to provide authority to the Secretary for the establishment
or operation of a Federal market through which agriculture or forestry
credits may be bought or sold.
SEC. 202. ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLIC-PRIVATE
PARTNERSHIPS.
Section 1241(f) of the Food Security Act of 1985 (16 U.S.C.
3841(f)) is amended--
(1) in the subsection heading, by inserting ``for Public-
Private Partnerships'' after ``Contributions'';
(2) by amending paragraph (1) to read as follows:
``(1) Establishment of public-private partnership contributions
accounts.--The Secretary shall establish the necessary accounts and
process to accept contributions of private funds for the purposes
of addressing the changing climate, sequestering carbon, improving
wildlife habitat, protecting sources of drinking water, and
addressing other natural resource priorities identified by the
Secretary.'';
(3) in paragraph (2), by striking ``a conservation program
administered by the Secretary under subtitle D shall be deposited
into the sub-account'' and inserting ``a covered program shall be
deposited into the account''; and
(4) by adding at the end the following:
``(3) Secretarial authority.--
``(A) In general.--The Secretary may accept under this
subsection contributions of such funds as the Secretary
determines appropriate, taking into consideration--
``(i) the source of the funds to be contributed;
``(ii) the natural resource concerns to be addressed
through the use of the funds;
``(iii) the amount of funds to be contributed;
``(iv) whether the activities proposed to be carried
out using the funds are consistent with the priorities of
the Secretary; and
``(v) any other factors the Secretary determines to be
relevant.
``(B) Determination.--A determination of whether to accept
private funds under this subsection shall be at the sole
discretion of the Secretary.
``(4) Match of contributed funds.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may provide matching Federal funds, and determine the
level of such match, which shall not exceed 75 percent, for the
private funds contributed under this subsection, subject to the
availability of funding for the applicable covered program.
``(B) Distribution of federal funding for states.--The
Secretary may not provide any matching Federal funds pursuant
to subparagraph (A) in a manner that would result in a
substantial reduction in the historical distribution of Federal
funding to any State for any covered program.
``(C) Limitation.--No funds made available pursuant to
Public Law 117-169 may be used to provide matching Federal
funds pursuant to subparagraph (A).
``(5) Role of contributing entity.--An entity contributing
funds under this subsection may--
``(A) designate the covered program for which the
contributed funds are intended to be used;
``(B) specify the geographic area in which the contributed
funds are intended to be used;
``(C) identify a natural resource concern the contributed
funds are intended to be used to address;
``(D) with respect to an activity funded pursuant to this
subsection that may result in environmental services benefits
to be sold through an environmental services market, subject to
the approval of the Secretary, prescribe the terms for
ownership of the entity's share of such environmental services
benefits resulting from such activity; and
``(E) work with the Secretary to promote the activities
funded pursuant to this subsection.
``(6) Producer participation.--
``(A) Notification.--The Secretary shall establish a
process to provide notice to producers--
``(i) of activities that may be carried out, through a
covered program, pursuant to this section; and
``(ii) any terms prescribed by the contributing entity
under paragraph (5)(D) with respect to such activities.
``(B) Retention of environmental services benefits.--The
Secretary shall not claim or impede any action of a producer
with respect to the environmental services benefits they accrue
through activities funded pursuant to this subsection.
``(7) Consistency with program requirements.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall ensure that the terms and conditions of
activities carried out using funds contributed under this
subsection are consistent with the requirements of the
applicable covered program.
``(B) Adjustments.--
``(i) In general.--The Secretary may, if the Secretary
determines necessary, adjust a regulatory requirement of a
covered program, or related guidance, as it applies to an
activity carried out using funds contributed under this
subsection--
``(I) to provide a simplified process; or
``(II) to better reflect unique local circumstances
and to address a specific priority of the contributing
entity.
``(ii) Limitation.--The Secretary shall not adjust the
application of statutory requirements for a covered
program, including requirements governing appeals, payment
limits, and conservation compliance.
``(8) Report.--Not later than December 31, 2024, and each year
thereafter through December 31, 2031, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that contains--
``(A) the name and a description of each entity
contributing private funds under this subsection that took an
action under paragraph (5), and a description of each such
action;
``(B) the name and a description of each entity
contributing private funds under this subsection for which the
Secretary has provided matching Federal funds, and the level of
that match, including the amount of such matching Federal
funds; and
``(C) the total amounts of--
``(i) private funds contributed under this subsection;
and
``(ii) matching Federal funds provided by the Secretary
under paragraph (4).
``(9) Covered program defined.--In this subsection, the term
`covered program' means a program carried out by the Secretary
under--
``(A) subtitle D (except for subchapter B of such
subtitle), subtitle H, or subtitle I;
``(B) section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203);
``(C) title V of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571 et seq.); or
``(D) the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001 et seq.), except for any program established by the
Secretary to carry out section 14 of such Act (16 U.S.C. 1012).
``(10) Duration of authority.--The authority of the Secretary
under this subsection shall expire, with respect to each covered
program, on the date on which the authority of the covered program
expires.''.
TITLE II--COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM
SEC. 301. IN GENERAL.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133)
is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Additional transfers.--In addition to amounts transferred
under paragraph (1), the Commission may transfer up to $10,000,000
from the Fund into the account.'';
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``until'' and all that follows through the
period at the end and inserting ``until October 1, 2024.''; and
(4) in paragraph (4) (as so redesignated), by striking ``on''
and all that follows through ``shall'' and inserting ``on October
1, 2024, shall''.
TITLE III--FORESTRY
SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE
HEALTHY FORESTS RESERVE PROGRAM.
Section 502 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572) is amended by adding at the end the following:
``(g) Easement Modification or Termination.--
``(1) In general.--The Secretary may modify or terminate an
easement or other interest in land administered by the Secretary
under this title if--
``(A) the owner of the land agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination--
``(i) will address a compelling public need for which
there is no practicable alternative; and
``(ii) is in the public interest.
``(2) Consideration; conditions.--
``(A) Termination.--As consideration for termination of an
easement or other interest in land under this subsection, the
Secretary shall enter into a compensatory arrangement, as the
Secretary determines to be appropriate.
``(B) Modification.--In the case of a modification of an
easement or other interest in land under this subsection--
``(i) as a condition of the modification, the owner of
the land shall enter into a compensatory arrangement, as
the Secretary determines to be appropriate, to incur the
costs of modification; and
``(ii) the Secretary shall ensure that--
``(I) the modification will not adversely affect
the forest ecosystem functions and values for which the
easement or other interest in land was acquired;
``(II) any adverse impacts will be mitigated by
enrollment and restoration of other land that provides
greater forest ecosystem functions and values at no
additional cost to the Federal Government; and
``(III) the modification will result in equal or
greater environmental and economic values to the United
States.''.
TITLE IV--NUTRITION
SEC. 501. EBT BENEFIT FRAUD PREVENTION.
(a) Guidance; Rulemaking.--The Secretary shall--
(1) issue guidance to State agencies, on an ongoing basis, as
informed by the process outlined in paragraph (4), that describes
security measures that--
(A) are effective, as determined by the Secretary, in
detecting and preventing theft of benefits, including through
card skimming, card cloning, and other similar fraudulent
methods;
(B) are consistent with industry standards for detecting,
identifying, and preventing debit and credit card skimming,
card cloning, and other similar fraudulent methods; and
(C) consider the feasibility of cost, availability, and
implementation for States;
(2) promulgate regulations through notice-and-comment
rulemaking to require State agencies to take the security measures
described in the guidance issued under paragraph (1);
(3) not later than December 1, 2023, promulgate regulations
(including an interim final rule) to require State agencies to
implement procedures for the replacement of benefits consistent
with subsection (b);
(4) coordinate with the Administrator of the Administration for
Children and Families of the Department of Health and Human
Services, the Attorney General of the United States, State
agencies, retail food stores, and EBT contractors--
(A) to determine--
(i) how benefits are being stolen through card
skimming, card cloning, and other similar fraudulent
methods;
(ii) how those stolen benefits are used; and
(iii) to the maximum extent practicable, the locations
where card skimming, card cloning, and other similar
fraudulent methods are taking place;
(B) to establish measures, including equipment enhancements
for retail food stores, to prevent benefits from being stolen
through card skimming, card cloning, and other similar
fraudulent methods; and
(C) to establish standard reporting methods for States to
collect and share data with the Secretary on the scope of
benefits being stolen through card skimming, card cloning, and
other similar fraudulent methods; and
(5) not later than October 1, 2024, submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a report
that includes--
(A) to the maximum extent practicable, information on the
frequency of theft of benefits and the location of those
thefts, including benefits stolen through card skimming, card
cloning, and other similar fraudulent methods;
(B) a description of the determinations made under
paragraph (4)(A), the measures established under paragraph
(4)(B), and methods established in paragraph (4)(C);
(C) a description of the industry standards described in
paragraph (1)(B); and
(D) recommendations on how to consistently detect, track,
report, and prevent theft of benefits, including benefits
stolen through card skimming, card cloning, and other similar
fraudulent methods.
(b) Replacement of Benefits.--The Secretary shall use funds
appropriated under section 18 of the Food and Nutrition Act of 2008 (7
U.S.C. 2027) to require States to replace benefits that are determined
by the State agency to have been stolen through card skimming, card
cloning, or similar fraudulent methods, subject to the conditions
that--
(1) the State agency shall submit to the Secretary not later
than 60 days after the date of the enactment of this Act for prior
approval a plan for the replacement of stolen benefits that--
(A) includes appropriate procedures, as determined by the
Secretary, for the timely submission of claims to, timely
validation of claims by, and replacement issuance by the State
agency that includes--
(i) a signed statement by the affected household on the
benefit theft, consistent with the signature requirements
and options provided by section 11(e)(2)(C) of the Food and
Nutrition Act of 2008, as amended (7 U.S.C. 2020(e)(2)(C));
(ii) criteria to determine if a submitted claim is
valid;
(iii) procedures for the documentation of replacement
issuances, including the submitted claims and findings from
the validation;
(iv) the submission of data reports on benefit theft
and replacement activity to the Secretary;
(v) procedures to inform households of their right to a
fair hearing, consistent with those already established by
section 11(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(e)) and corresponding regulations concerning
replacement issuances; and
(vi) the State agency's use and planned use of benefit
theft prevention measures, including any additional
guidance that may be issued under subsection (a)(1);
(B) includes appropriate procedures, as determined by the
Secretary, for reporting the scope and frequency of card
skimming affecting households within the State to the
Secretary;
(C) upon approval shall be incorporated into the State plan
of operation required under section 11(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)); and
(D) the Secretary may approve after the date on which
guidance is issued under subsection (a)(1);
(2) the replacement of stolen benefits for a household--
(A) shall not exceed the lesser of--
(i) the amount of benefits stolen from the household;
or
(ii) the amount equal to 2 months of the monthly
allotment of the household immediately prior to the date on
which the benefits were stolen;
(B) shall not occur more than 2 times per Federal fiscal
year per household by a single State agency; and
(C) shall only apply to benefits stolen during the period
beginning on October 1, 2022, and ending on September 30, 2024;
(3) plans approved under paragraph (1) will remain in effect
until the effective date of the rule promulgated pursuant to
subsection (a)(3); and
(4) replacements of benefits under this section shall not be
regarded as losses for the purpose of section 7(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(e)) to the extent such
replacements are made in accordance with an approved plan that
complies with this subsection.
(c) Definitions.--In this section, the terms ``allotment'',
``benefit'', ``household'', ``retail food store'', and ``State agency''
have the meaning given those terms in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(d) Rescission.--Of the unobligated balances made available for the
Supplemental Nutrition Assistance Program as authorized by section
1101(b)(1) of the American Rescue Plan Act of 2021 (Public Law 117-2),
$8,000,000 is hereby rescinded.
SEC. 502. INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN THROUGH
EBT AND ALTERNATIVE DELIVERY OPTIONS.
(a) Agreements.--Section 12(b) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(b)) is amended--
(1) by inserting ``and Indian Tribal organizations'' after
``State agencies'' each place it appears; and
(2) in paragraph (2)(B), in the matter preceding clause (i), by
inserting ``and Indian Tribal organization'' before ``budget''.
(b) Noncongregate Meals.--Section 13 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761) is amended--
(1) in subsection (a), by adding at the end the following:
``(13) Noncongregate meals.--
``(A) In general.--Beginning not later than summer 2023,
the Secretary shall make available an option to States to
provide program meals under this section for noncongregate
consumption in a rural area with no congregate meal service, as
determined by the Secretary.
``(B) Summer 2023.--Notwithstanding any other provision in
this paragraph, for summer 2023, the Secretary may allow States
to use implementation models developed by the Secretary for
demonstration projects carried out under section 749(g) of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law 111-
80; 123 Stat. 2132), to carry out subparagraph (A).
``(C) Eligibility determination.--In administering this
paragraph, the Secretary shall ensure that noncongregate meals
are only available for a child--
``(i) in an area in which poor economic conditions
exist; and
``(ii) in an area that is not an area in which poor
economic conditions exist, if the child is determined to be
eligible for a free or reduced price lunch under this Act
or a free or reduced price breakfast under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(D) Priorities.--
``(i) In general.--States shall--
``(I) identify areas with no congregate meal
service that could benefit the most from the provision
of noncongregate meals; and
``(II) encourage participating service institutions
in those areas to provide noncongregate meals as
appropriate.
``(ii) Areas.--Areas identified under clause (i) may
include areas that are not areas in which poor economic
conditions exist but that have children who are determined
to be eligible for free or reduced price lunch under this
Act or free or reduced price breakfast under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(E) Administration.--In administering this paragraph, the
Secretary shall ensure that--
``(i) any meal served for noncongregate consumption--
``(I) meets all applicable State and local health,
safety, and sanitation standards; and
``(II) meets the requirements under subsection
(f)(1);
``(ii) over a 10-day calendar period, the number of
reimbursable meals provided to a child does not exceed the
number of meals that could be provided over a 10-day
calendar period, as established under subsection (b)(2);
and
``(iii) States establish a process for identifying gaps
in service and barriers in reaching needy children for
congregate and noncongregate models.
``(F) Regulations.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations (which shall include interim final regulations) to
carry out this section, including provisions--
``(i) to ensure the integrity of the alternative option
for program delivery described in subparagraph (A); and
``(ii) to incorporate best practices and lessons
learned from noncongregate demonstration projects under
section 749(g) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80; 123 Stat.
2132).''; and
(2) in subsection (n)--
(A) by striking ``by January 1 of each year of its intent
to administer the program and shall submit for approval by
February 15'' and inserting ``of its intent to administer the
program and shall submit for approval by April 1, 2023,'';
(B) by striking ``(1)'' and inserting ``(A)'';
(C) by striking ``(2)'' and inserting ``(B)'';
(D) by striking ``(3)'' and inserting ``(C)'';
(E) by striking ``(4)'' and inserting ``(D)'';
(F) by striking ``(5)'' and inserting ``(E)'';
(G) by striking ``and (6)'' and inserting ``(F)'';
(H) by striking the period at the end and inserting ``; and
(G) the State's plan for using the alternative option for
program delivery described in subsection (a)(13), if
applicable, including plans to provide a reasonable opportunity
to access meals across all areas of the State.'';
(I) by striking the subsection designation and all that
follows through ``Each State'' and inserting the following:
``(n) Management and Administration State Plans.--
``(1) Summer 2023.--Each State''; and
(J) by adding at the end the following:
``(2) Summer 2024 and beyond.--Beginning in 2024, each State
desiring to participate in the program under this section or in the
summer EBT program under section 13A shall notify the Secretary by
January 1 of each year of its intent to administer the applicable
program and shall submit for approval by February 15 a management
and administration plan for the applicable program for the fiscal
year, which shall include, as applicable--
``(A) the requirements listed in subparagraphs (A) through
(G) of paragraph (1);
``(B) the administrative budget of the State for
administering the summer EBT program under section 13A;
``(C) the State's plan to comply with the State
requirements in section 13A(c) and any other standards
prescribed by the Secretary under section 13A;
``(D) the State's plan to identify areas with no congregate
meal service;
``(E) the State's plan to target priority areas identified
under subsection (a)(13)(D)(i)(I); and
``(F) the State's plan to ensure that summer EBT benefits
(as described in section 13A(a)) are issued to children based
on their school attendance at the end of the instructional year
immediately preceding such summer.''.
(c) Summer EBT.--The Richard B. Russell National School Lunch Act
is amended by inserting after section 13 (42 U.S.C. 1761) the
following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM.
``(a) Program Established.--The Secretary shall establish a program
under which States and covered Indian Tribal organizations electing to
participate in such program shall, beginning with summer 2024 and
annually for each summer thereafter, issue to each eligible household
summer electronic benefit transfer benefits (referred to in this
section as `summer EBT benefits')--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition assistance through
electronic benefit transfer or methods described in clauses (ii)
and (iii) of subsection (b)(2)(B) during the summer months for each
eligible child, to ensure continued access to food when school is
not in session for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--Summer EBT benefits
issued pursuant to subsection (a) by a State may only be used
by the eligible household that receives such summer EBT
benefits to purchase food (as defined in section 3 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012)) from retail food
stores that have been approved for participation in the
supplemental nutrition assistance program established under
such Act and in accordance with section 7(b) of such Act (7
U.S.C. 2016(b)) or in the nutrition assistance program in
American Samoa, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
``(B) Benefits issued by covered indian tribal
organizations.--Summer EBT benefits issued pursuant to
subsection (a) by a covered Indian Tribal organization may only
be used by the eligible household that receives such summer EBT
benefits to purchase supplemental foods from vendors that have
been approved for participation in the special supplemental
nutrition program for women, infants, and children under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2024, in an amount equal to
$40, which may be proportionately higher consistent with
the adjustments established under section 12(f) for each
eligible child in the eligible household per month during
the summer operational period; and
``(ii) for calendar year 2025 and each year thereafter,
in an amount equal to the unrounded benefit amount from the
prior year, adjusted to the nearest lower dollar increment
to reflect changes to the cost of the diet described in
section 3(u) of the Food and Nutrition Act of 2008 (7
U.S.C. 2012(u)) for the 12-month period ending on November
30 of the preceding calendar year and rounded to the
nearest lower dollar increment; and
``(B) may be issued--
``(i) in the form of an EBT card;
``(ii) through other electronic methods, as determined
by the Secretary; or
``(iii) in the case of a State that does not issue
nutrition assistance program benefits electronically, using
the same methods by which that State issues benefits under
the nutrition assistance program of that State.
``(3) Enforcement.--Summer EBT benefits issued pursuant to
subsection (a) shall--
``(A) be subject to sections 12, 14, and 15 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 2024) and
subsections (n), (o), and (p) of section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), as applicable; and
``(B) to the maximum extent practicable, incorporate
technology tools consistent with industry standards that track
or prevent theft of benefits, cloning, or other fraudulent
activities.
``(4) Timing.--
``(A) In general.--Except as provided in subparagraph (B),
summer EBT benefits issued pursuant to subsection (a) may only
be issued for the purpose of purchasing food during the summer
months, with appropriate issuance and expungement timelines as
determined by the Secretary (but with an expungement timeline
not to exceed 4 months).
``(B) Continuous school calendar.--In the case of children
who are under a continuous school calendar, the Secretary shall
establish alternative plans for the period during which summer
EBT benefits may be issued pursuant to subsection (a) and used.
``(c) Enrollment in Program.--
``(1) State requirements.--States that elect to participate in
the program under this section shall--
``(A) with respect to summer, automatically enroll each
eligible child who is directly certified, is an identified
student (as defined in section 11(a)(1)(F)(i)), or is otherwise
determined by a school food authority to be eligible to receive
free or reduced price meals in the instructional year
immediately preceding the summer or during the summer
operational period in the program under this section, without
further application from households;
``(B) make an application available for children who do not
meet the criteria described in subparagraph (A) and make
eligibility determinations using the eligibility criteria for
free or reduced price lunches under this Act;
``(C) establish procedures to carry out the enrollment
described in subparagraph (A);
``(D) establish procedures for expunging summer EBT
benefits from the account of a household, consistent with the
requirements under subsection (b)(4); and
``(E) allow eligible households to opt out of participation
in the program under this section and establish procedures for
opting out of such participation.
``(2) Covered indian tribal organization requirements.--Covered
Indian Tribal organizations participating in the program under this
section shall, to the maximum extent practicable, meet the
requirements under paragraph (1).
``(d) Administrative Expenses.--The Secretary shall pay to each
State agency and covered Indian Tribal organization an amount equal to
50 percent of the administrative expenses incurred by the State agency
or covered Indian Tribal organization in operating the program under
this section, including the administrative expenses of local
educational agencies and other agencies in each State or covered Indian
Tribal organization relating to the operation of the program under this
section.
``(e) Summer EBT Authority.--Beginning in summer 2024, the
Secretary shall not allow States to use the authority in section 749(g)
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law 111-80; 123
Stat. 2132), to provide access to food through electronic benefit
transfer benefits to children during the summer months when schools are
not in regular session.
``(f) Issuance of Interim Final Regulations.--Not later than 1 year
after the date of enactment of this section, the Secretary shall
promulgate regulations (which shall include interim final regulations)
to carry out this section, including provisions that--
``(1) incorporate best practices and lessons learned from
demonstration projects under--
``(A) section 749(g) of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80; 123 Stat. 2132);
and
``(B) the pandemic EBT program under section 1101 of the
Families First Coronavirus Response Act (7 U.S.C. 2011 note;
Public Law 116-127);
``(2) ensure timely and fair service to applicants for and
recipients of benefits under this section;
``(3) establish quality assurance and program integrity
procedures to ensure that States and local educational agencies
have adequate processes--
``(A) to correctly determine the eligibility of children
for benefits under this section; and
``(B) to reliably enroll and issue benefits to eligible
children; and
``(4) allow States and covered Indian Tribal organizations to
streamline program administration, including by--
``(A) automatically enrolling each eligible child who is
able to be directly certified; and
``(B) establishing a single summer operational period.
``(g) Administrative and Management Plan.--Beginning in 2024, each
State desiring to participate in the program under this section shall
comply with the requirements under section 13(n).
``(h) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term `covered
Indian Tribal organization' means an Indian Tribal organization
that participates in the special supplemental nutrition program for
women, infants, and children established under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(2) Eligible child.--The term `eligible child' means, with
respect to a summer, a child who--
``(A) was, at the end of the instructional year immediately
preceding such summer or during the summer operational period--
``(i) certified to receive free or reduced price lunch
under the school lunch program under this Act;
``(ii) certified to receive free or reduced price
breakfast under the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
``(iii) able to be directly certified;
``(B) was, at the end of the instructional year immediately
preceding such summer--
``(i) enrolled in a school described in subparagraph
(B), (C), (D), (E), or (F) of section 11(a)(1); and
``(ii)(I) an identified student (as defined in section
11(a)(1)(F)(i)); or
``(II) a child who otherwise met the requirements to
receive free or reduced price meals, as determined through
an application process using the eligibility criteria for
free or reduced price meals under this Act; or
``(C) has been determined to be eligible for the program
under this section in accordance with subsection (c)(1)(B).
``(3) Eligible household.--The term `eligible household' means
a household that includes at least 1 eligible child.
``(4) Supplemental foods.--The term `supplemental foods'--
``(A) means foods--
``(i) containing nutrients determined by nutritional
research to be lacking in the diets of children; and
``(ii) that promote the health of the population served
by the program under this section, as indicated by relevant
nutrition science, public health concerns, and cultural
eating patterns, as determined by the Secretary; and
``(B) includes foods not described in subparagraph (A)
substituted by State agencies, with the approval of the
Secretary, that--
``(i) provide the nutritional equivalent of foods
described in such subparagraph; and
``(ii) allow for different cultural eating patterns
than foods described in such subparagraph.''.
(d) Amendments to P-EBT for Summer 2023.--Section 1101(i) of the
Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law
116-127) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as so designated), by inserting ``approve
or'' after ``may''; and
(3) by adding at the end the following:
``(2) Limitation.--A State shall not provide benefits during a
covered summer period pursuant to paragraph (1) to children who, at
the end of the school year immediately preceding the covered summer
period, attended a school that did not participate in the school
lunch program or school breakfast program described in that
paragraph.
``(3) Other assistance not required.--A State shall not be
required to provide assistance under subsection (a) or (h) in order
to provide assistance under this subsection.''.
(e) No Duplication of Summer Benefits.--A State may not provide to
a household summer EBT benefits (as described in section 13A(a) of the
Richard B. Russell National School Lunch Act) under that section and
benefits under section 1101(i) of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) for the same
period.
SEC. 503. OFFSETS.
(a) Summer 2023.--Section 1101(i) of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) (as amended by
section 502(d)) is amended by adding at the end the following:
``(4) Summer 2023.--Any benefits issued to households during a
covered summer period pursuant to paragraph (1) in summer 2023
shall not exceed $120 per child for the covered summer period,
except that benefits may be proportionately higher consistent with
any adjustments established under section 12(f) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(f)).''.
(b) Allotments.--Section 2302 of the Families First Coronavirus
Response Act (7 U.S.C. 2011 note; Public Law 116-127) is amended by
adding at the end the following:
``(d) Sunset.--The authority under subsection (a)(1) shall expire
after the issuance of February 2023 benefits under that subsection.''.
TITLE V--OTHER MATTERS
SEC. 601. SUPPORT FOR COTTON MERCHANDISERS.
(a) Cotton Merchandiser Pandemic Assistance.--
(1) Pandemic assistance payments to cotton merchandisers.--The
Secretary shall make pandemic assistance payments, under terms and
conditions as determined by the Secretary, to cotton merchandisers
that purchased cotton from a United States cotton producer or
marketed cotton on behalf of a United States cotton producer during
the period that begins on March 1, 2020, and ends on the date of
enactment of this Act.
(2) Payment determinations.--The Secretary shall take into
consideration economic impacts of COVID-19 and other supply chain
disruptions in determining payment rates under this subsection,
such that the amounts made available under paragraph (4)(A) are
fully expended no later than 1 year after the date of enactment of
this section.
(3) Cotton merchandiser defined.--In this subsection, the term
``cotton merchandiser'' means an entity that markets, sells, or
trades cotton to end users.
(4) Funding limitations.--
(A) In general.--Of the funds made available under
subsection (b), the Secretary shall make available $100,000,000
to carry out this subsection.
(B) Administrative expenses.--The Secretary may use not
more than 1 percent of the funds under subparagraph (A) for
administrative costs necessary to carry out this subsection.
(b) Funding.--The Secretary shall make available $100,000,000 to be
derived from the unobligated balances of amounts made available under
section 751 of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260) to carry out subsection (a).
SEC. 602. ASSISTANCE FOR RICE PRODUCERS.
(a) In General.--The Secretary shall make a 1-time payment to each
producer of rice on a farm in the United States with respect to the
2022 crop year.
(b) Payment Amount.--In accordance with the amount made available
under subsection (e), the amount of a payment to a rice producer on a
farm under subsection (a) shall be equal to the product obtained by
multiplying--
(1) the payment rate per pound, as determined by the Secretary,
but which shall be--
(A) the same for all varieties of rice;
(B) not less than 2 cents per pound; and
(C) notwithstanding subparagraph (B), adjusted by the
Secretary such that the amount made available under subsection
(e) is fully expended;
(2)(A) in the case of a producer with an average actual
production history per planted acre of rice determined in
accordance with subparagraphs (A), (B), and (E) of section
508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)),
that average actual production history; or
(B) in the case of a producer without an average actual
production history described in subparagraph (A)--
(i) if an area yield for the 2022 crop year determined in
accordance with subparagraphs (C) and (E) of that section is
available, that area yield; or
(ii) if an area yield described in clause (i) is not
available, the yield determined by the Secretary; and
(3) the sum obtained by adding, as applicable--
(A) the number of certified planted acres of rice on the
farm for the 2022 crop year, as reported to the Secretary; and
(B) the number of certified acres of rice prevented from
being planted on the farm for the 2022 crop year, as reported
to the Secretary, multiplied by the prevented planting coverage
factor applicable to those acres.
(c) Limitations.--
(1) In general.--In carrying out this section, the Secretary
shall impose payment limitations consistent with section
760.1507(b) of title 7, Code of Federal Regulations (as in effect
on September 30, 2021).
(2) Separate limitations.--The payment limitations imposed
under paragraph (1) shall be separate from annual payment
limitations under any other program.
(d) Deadline.--The Secretary shall make payments under this section
not later than 120 days after the date of enactment of this Act.
(e) Funding.--
(1) Rescission.--Of the unobligated balance of the amounts made
available by section 751 of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2105),
$250,000,000 is rescinded.
(2) Appropriation.--There is appropriated to the Secretary, out
of any amounts in the Treasury not otherwise appropriated,
$250,000,000 to carry out this section.
SEC. 603. ENACTMENT OF CHRONIC WASTING DISEASE RESEARCH AND
MANAGEMENT ACT.
The provisions of H.R. 5608 of the 117th Congress, as engrossed in
the House of Representatives on December 8, 2021, are hereby enacted
into law.
TITLE VI--PESTICIDES
Subtitle A--Pesticide Registration Improvement Act of 2022
SEC. 701. SHORT TITLE.
This title may be cited as the ``Pesticide Registration Improvement
Act of 2022''.
SEC. 702. BILINGUAL LABELING.
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Bilingual labeling.--
``(A) Requirement.--
``(i) In general.--Subject to clause (ii), not later
than the applicable deadline described in subparagraph (B),
each registered pesticide product released for shipment
shall include--
``(I) the translation of the parts of the labeling
contained in the Spanish Translation Guide described in
subparagraph (G) on the product container; or
``(II) a link to such translation via scannable
technology or other electronic methods readily
accessible on the product label.
``(ii) Exceptions.--Notwithstanding clause (i)--
``(I) an antimicrobial pesticide product may, in
lieu of including a translation or a link under clause
(i), provide a link to the safety data sheets in
Spanish via scannable technology or other electronic
methods readily accessible on the product label; or
``(II) a non-agricultural pesticide product that is
not classified by the Administrator as restricted use
under subsection (d)(1)(A) may, in lieu of including a
translation or a link under clause (i), provide a link
to the safety data sheets in Spanish via scannable
technology or other electronic methods readily
accessible on the product label.
``(B) Deadlines for bilingual labeling.--
``(i) Pesticide products classified as restricted
use.--In the case of pesticide products classified by the
Administrator as restricted use under subsection (d)(1)(A),
the deadline specified in this subparagraph is the date
that is 3 years following the date of enactment of this
paragraph.
``(ii) Pesticide products not classified as restricted
use.--In the case of pesticide products not classified by
the Administrator as restricted use under subsection
(d)(1)(A), the deadline specified in this subparagraph
shall be as follows:
``(I) Agricultural.--
``(aa) Acute toxicity category i.--For
agricultural pesticides classified as Acute
Toxicity Category I, the date that is 3 years after
the date of enactment of this paragraph.
``(bb) Acute toxicity category ii.--For
agricultural pesticides classified as Acute
Toxicity Category II, the date that is 5 years
after the date of enactment of this paragraph.
``(II) Antimicrobial and non-agricultural.--
``(aa) Acute toxicity category i.--For
antimicrobial and non-agricultural pesticide
products classified as Acute Toxicity Category I,
the date that is 4 years after the date of
enactment of this paragraph.
``(bb) Acute toxicity category ii.--For
antimicrobial and non-agricultural pesticide
products classified as Acute Toxicity Category II,
the date that is 6 years after the date of
enactment of this paragraph.
``(III) Other pesticide products.--With respect to
pesticide products not described in subclause (I) or
(II), the date that is 8 years after the date of
enactment of this paragraph.
``(C) Implementation.--
``(i) Non-notification.--
``(I) In general.--In carrying out this paragraph,
the Administrator shall allow translations of the parts
of the label of a pesticide contained in the Spanish
Translation Guide described in subparagraph (G) and
scannable technology or other electronic methods to be
added using non-notification procedures.
``(II) Non-notification procedure defined.--In this
clause, the term `non-notification procedure' refers to
a procedure under which a change may be made to a
pesticide label without notifying the Administrator.
``(ii) Cooperation and consultation.--In carrying out
this paragraph, the Administrator shall cooperate and
consult with State lead agencies for pesticide regulation
for the purpose of implementing bilingual labeling as
provided in this paragraph as expeditiously as possible.
``(iii) End use labeling.--The labeling requirements of
this paragraph shall apply to end use product labels.
``(iv) Incorporation timeframe.--After initial
translation deadlines provided in subparagraph (B), updates
to the Spanish Translation Guide described in subparagraph
(G) shall be incorporated into labeling on the earlier of--
``(I) in the case of agricultural use pesticide
labels, as determined by the Administrator--
``(aa) 1 year after the date of publication of
the updated Spanish Label Translation Guide
described in subparagraph (G); or
``(bb) the released for shipment date specified
on the EPA Stamped Approved Label after the
pesticide label is next changed or amended
following the date of publication of the updated
Spanish Label Translation Guide described in
subparagraph (G); and
``(II) in the case of antimicrobial and non-
agricultural use pesticide labels, as determined by the
Administrator--
``(aa) 2 years after the date of publication of
the updated Spanish Label Translation Guide
described in subparagraph (G); or
``(bb) the released for shipment date specified
on the EPA Stamped Approved Label after the
pesticide label is next changed or amended
following the date of publication of the updated
Spanish Label Translation Guide described in
subparagraph (G).
``(v) Notification of updates to the spanish
translation guide for pesticide labeling.--Not later than
10 days after updating the Spanish Translation Guide
described in subparagraph (G), the Administrator shall
notify registrants of the update to such guide.
``(D) Accessibility of bilingual labeling for farm
workers.--Not later than 180 days after the date of enactment
of this paragraph, to the maximum extent practicable, the
Administrator shall seek stakeholder input on ways to make
bilingual labeling required under this paragraph accessible to
farm workers.
``(E) Plan.--Not later than 3 years after the date of
enactment of this paragraph, the Administrator shall implement
a plan to ensure that farm workers have access to the bilingual
labeling required under this paragraph.
``(F) Reporting.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall develop
and implement, and make publicly available, a plan for tracking
the adoption of the bilingual labeling required under this
paragraph.
``(G) Spanish translation guide described.--The Spanish
Translation Guide described in this subparagraph is the Spanish
Translation Guide for Pesticide Labeling issued in October
2019, as in effect on the date of enactment of the Pesticide
Registration Improvement Act of 2022, and any successor guides
or amendments to such guide.''.
SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE AUTHORITY.
(a) Extension and Modification of Maintenance Fee Authority.--
Section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a-1(i)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``2023'' and inserting
``2022, and $42,000,000 for each of fiscal years 2023 through
2027'';
(B) in subparagraph (D)--
(i) in clause (i), by striking ``2023'' and inserting
``2022, and $172,000 for each of fiscal years 2023 through
2027''; and
(ii) in clause (ii), by striking ``2023'' and inserting
``2022, and $277,200 for each of fiscal years 2023 through
2027'';
(C) in subparagraph (E)(i)--
(i) in subclause (I), by striking ``2023'' and
inserting ``2022, and $105,000 for each of fiscal years
2023 through 2027''; and
(ii) in subclause (II), by striking ``2023'' and
inserting ``2022, and $184,800 for each of fiscal years
2023 through 2027'';
(D) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (L), (M), and (N);
(E) by inserting after subparagraph (F) the following:
``(G) Farm worker training and education grants.--
``(i) Set-aside.--In addition to amounts otherwise
available, for fiscal years 2023 through 2027, the
Administrator shall use not more than $7,500,000 of the
amounts collected under this paragraph to provide grants to
organizations described in clause (ii) for purposes of
facilitating--
``(I) training of farm workers;
``(II) education of farm workers with respect to--
``(aa) rights of farm workers relating to
pesticide safety; and
``(bb) the worker protection standard under
part 170 of title 40, Code of Federal Regulations
(or successor regulations);
``(III) the development of new informational
materials;
``(IV) the development of training modules; and
``(V) the development of innovative methods of
delivery of such informational materials and training
modules.
``(ii) Eligibility.--To be eligible to receive a grant
under this subparagraph, an organization shall have
demonstrated experience in--
``(I) providing training and education services for
farm workers or handlers of pesticides; or
``(II) developing informational materials for farm
workers or handlers of pesticides.
``(iii) Community-based organizations.--
``(I) Community-based non-profit farm worker
organization grants.--The Administrator shall use funds
available under clause (i) to provide grants to
community-based non-profit farm worker organizations.
``(II) Application of funds.--The Administrator
shall apply the unspent balance of funds available (up
to $1,800,000) under clause (i) in fiscal years 2025
through 2027 to carry out subclause (I).
``(iv) Interim funding.--In addition to amounts
otherwise available, the Administrator may use not more
than $1,200,000 in fiscal years 2023 and 2024 to fund
existing cooperative agreements that were authorized under
section 33(c)(3)(B), as such section was in effect as of
March 8, 2019.
``(v) Partnerships.--Organizations described in clause
(ii) may apply for a grant under this subparagraph as a
partnership with another organization, provided such
organizations, at the time of application, have entered
into an agreement designating--
``(I) a member of the partnership that will enter
into the assistance agreement with the Environmental
Protection Agency for the purposes of accountability
for the proper expenditure of Federal funds;
``(II) performance of the assistance agreement;
``(III) liability for claims for recovery of
unallowable costs incurred under the agreement; and
``(IV) specifying roles in performing the proposed
scope of work for the assistance agreement.
``(H) Health care provider training.--
``(i) Set-aside.--In addition to other amounts
available, for the period of fiscal years 2023 through
2027, the Administrator shall use not more than $2,500,000
of the amounts collected under this paragraph to provide
grants to nonprofit organizations described in clause (ii)
for purposes of facilitating--
``(I) technical assistance and training of health
care providers relating to the recognition, treatment,
and management of pesticide-related injuries and
illnesses;
``(II) the development of informational materials
for technical assistance and training described in
subclause (I); and
``(III) the development of outreach and delivery
methods relating to the recognition, treatment, and
management of pesticide-related illnesses.
``(ii) Eligibility.--To be eligible to receive a grant
under this subparagraph, a nonprofit organization shall
have demonstrated experience in providing technical
assistance and training to health care providers who serve
farm worker populations.
``(iii) Partnerships.--Organizations described in
clause (ii) may apply for a grant under this subparagraph
as a partnership with another organization, provided such
organizations, at the time of application, have entered
into an agreement designating--
``(I) a member of the partnership that will enter
into the assistance agreement with the Environmental
Protection Agency for the purposes of accountability
for the proper expenditure of Federal funds;
``(II) performance of the assistance agreement;
``(III) liability for claims for recovery of
unallowable costs incurred under the agreement; and
``(IV) roles in performing the proposed scope of
work for the assistance agreement.
``(I) Partnership grants.--In addition to funds otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
collected under this paragraph for partnership grants.
``(J) Pesticide safety education program.--In addition to
amounts otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts collected under this paragraph to carry
out the pesticide safety education program.
``(K) Technical assistance to grantees.--
``(i) Set-aside.--In addition to other amounts
available, for fiscal years 2023 through 2027, the
Administrator shall use not more than $1,750,000 of the
amounts collected under this paragraph to provide grants to
nonprofit organizations, subject to such conditions as the
Administrator establishes to prevent conflicts of interest,
to provide easily accessible technical assistance to
grantees receiving, and potential grantees applying for,
grants under subparagraphs (G) and (H).
``(ii) Considerations.--In evaluating requests for
grants under this subparagraph, the Administrator shall
consider, at a minimum, the extent to which--
``(I) the organization applying for the grant has
experience providing technical assistance to farm
worker or clinician-training organizations; and
``(II) the proposed project would make specific
technical assistance available to organizations seeking
information and assistance concerning--
``(aa) the grant application process;
``(bb) the drafting of grant applications; and
``(cc) compliance with grant management and
reporting requirements.
``(iii) No suitable organization.--If no suitable
organization requests a grant under this subparagraph, the
Administrator shall provide technical assistance described
in clause (i) using the amounts made available by that
clause.
``(iv) Stakeholder input.--In formulating requests for
proposals for grants under subparagraphs (G) and (H) for a
fiscal year, the Administrator shall solicit and consider,
in an open and transparent manner that does not provide a
competitive advantage to any person or persons, input from
persons who conduct farm worker education and training, or
technical assistance and training of clinicians, regarding
the request for proposals.''; and
(F) in subparagraph (N) (as so redesignated), by striking
``2023'' and inserting ``2027''; and
(2) in paragraph (2)--
(A) by striking ``section 33(b)(3)'' and inserting
``section 33(b)(3)(B)''; and
(B) by striking ``the Pesticide Registration Improvement
Extension Act of 2018 and ending on September 30, 2025'' and
inserting ``the Pesticide Registration Improvement Act of 2022
and ending on September 30, 2029''.
(b) Extension of Prohibition on Tolerance Fees.--Section 408(m)(3)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) is
amended by striking ``the Pesticide Registration Improvement Renewal
Act and ending on September 30, 2023'' and inserting ``the Pesticide
Registration Improvement Act of 2022 and ending on September 30,
2027''.
SEC. 704. REREGISTRATION AND EXPEDITED PROCESSING FUND.
Section 4(k) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a-1(k)) is amended--
(1) in paragraph (2)(A), in the first sentence, by inserting
``including, to the maximum extent practicable, during periods in
which Environmental Protection Agency employees are on shutdown or
emergency furlough as a result of a lapse in appropriations,''
after ``limitation,'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Review of registrant submissions not covered by section
33(b)(3)(b).--
``(A) Definition of submission not covered by section
33(b)(3)(b).--In this paragraph, the term `submission not
covered by section 33(b)(3)(B)' means any submission filed by a
registrant with the Administrator relating to a registration
that is not covered by a fee table under section 33(b)(3)(B).
``(B) Set-aside.--
``(i) In general.--In addition to amounts otherwise
available for each of fiscal years 2023 through 2027, the
Administrator shall use approximately \1/8\ of the amounts
made available to the Administrator in the Reregistration
and Expedited Processing Fund for the activities described
in clause (ii).
``(ii) Activities.--In addition to amounts otherwise
available, the Administrator shall use amounts made
available under clause (i) to obtain sufficient personnel
and resources to process submissions not covered by section
33(b)(3)(B) to meet the applicable deadlines described in--
``(I) the notice of the Administrator entitled
`Pesticide Registration Notice (PR) 98-10:
Notifications, Non-Notifications and Minor Formulation
Amendments' and dated October 22, 1998 (and any
successor amendments to such notice); and
``(II) subsections (c)(3)(B) and (h) of section 3.
``(4) Development of public health performance standards for
antimicrobial pesticide devices.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund for the activities described in
subparagraph (B).
``(B) Antimicrobial pesticide devices.--The Administrator
shall use amounts made available under subparagraph (A) to
develop efficacy test methods for antimicrobial pesticide
devices making public health claims.'';
(3) in paragraph (5)(A), by striking ``2018 through 2023'' and
inserting ``2023 through 2027'';
(4) by redesignating paragraphs (6) and (7) as paragraphs (9)
and (10), respectively;
(5) by inserting after paragraph (5) the following:
``(6) Agency training and staff.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund for the activities described in
subparagraph (B).
``(B) Activities.--The Administrator shall use amounts made
available under subparagraph (A) to carry out the following
activities:
``(i) Training for agency employees.--The Administrator
shall administer training and education programs for
employees of the Environmental Protection Agency, relating
to the regulatory responsibilities and policies established
by this Act, including programs--
``(I) for improving the scientific, technical, and
administrative skills of officers and employees
authorized to administer programs under this Act;
``(II) to align competencies identified by the
Administrator for mission accomplishment;
``(III) for addressing best practices for
operational performance and improvement;
``(IV) for improving administrative processes and
procedures and addressing efficiency issues;
``(V) to promote consistent regulatory decision-
making; and
``(VI) for educating registrants and regulated
stakeholders on regulatory procedures.
``(ii) Agreements with institutions of higher
education.--Not later than 1 year, to the maximum extent
practicable, after the date of enactment of the Pesticide
Registration Improvement Act of 2022, the Administrator
shall establish a competitive grant program to develop
training curricula and programs in accordance with clause
(i) through financial assistance agreements with 1 or more
of the following institutions of higher education:
``(I) Non-land-grant colleges of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).
``(II) Land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).
``(III) 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note; Public Law 103-382)).
``(7) Vector expedited review vouchers.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund to establish and carry out the Vector
Expedited Review Voucher program in accordance with
subparagraph (B).
``(B) Vector expedited review voucher program.--
``(i) Definitions.--In this subparagraph:
``(I) Program.--The term `program' means the Vector
Expedited Review Voucher program established under
clause (ii).
``(II) Voucher.--The term `voucher' means a
voucher--
``(aa) issued under the program by the
Administrator to a pesticide registration applicant
that entitles the holder to an expedited review
described under clause (vi) of a single different
pesticide registration action; and
``(bb) the entitlement to which may be
transferred (including by sale) by the holder of
the voucher, without limitation on the number of
times the voucher may be transferred, before the
voucher is redeemed.
``(ii) Establishment.--Not later than one year after
the date of enactment of the Pesticide Registration
Improvement Act of 2022, the Administrator, acting though
the Office of Pesticide Programs, shall establish a program
to be known as the Vector Expedited Review Voucher program.
``(iii) Purpose.--The purpose of the program is to
incentivize the development of new insecticides to control
and prevent the spread of vector borne disease by
expediting reviews by decreasing decision review times
provided in section 33(b)(3)(B).
``(iv) Issuance of vouchers.--
``(I) In general.--For each of fiscal years 2023
through 2027, the Administrator shall issue a voucher
to a pesticide registration applicant for a new active
ingredient if the applicant submits and has
successfully registered a mosquito-control product
that--
``(aa) demonstrates a proven efficacy against
pyrethroid or other insecticide-resistant
mosquitoes;
``(bb) prevents, mitigates, destroys, or repels
pyrethroid or other insecticide-resistant
mosquitoes, with a novel or unique mechanism or
mode of action, different from other insecticides
already registered by the Administrator for
mosquito control;
``(cc) targets mosquitoes capable of spreading
such diseases as Malaria, Dengue, Zika,
Chikungunya, St. Louis encephalitis, Eastern
encephalitis, Western encephalitis, West Nile
encephalitis, Cache Valley encephalitis, LaCrosse
encephalitis, and Yellow Fever;
``(dd) the registrant has submitted a global
access plan that will be made publicly available
for the active ingredient and that includes--
``(AA) manufacturing locations, including
any licensed third-party manufacturers;
``(BB) distribution and procurement
processes for malaria vector control programs
in selected countries; and
``(CC) the prices for common quantities of
the product;
``(ee) meets the appropriate guidelines as
being effective in the primary vector control
intervention areas, including insecticide-treated
nets and indoor residual spray;
``(ff) is made accessible for use in--
``(AA) the United States, including
territories or possessions of the United
States; and
``(BB) countries where mosquito-borne
diseases, such as malaria, are prevalent;
``(gg) meets registration requirements for
human health and environmental effects, labeling,
and presents no unreasonable adverse effects to the
environment;
``(hh) broadens the adoption of integrated pest
management strategies, such as insecticide
resistance management, or makes those strategies
more effective;
``(ii) is not contained in any pesticide
product registered by the Administrator as of the
date of the enactment of the Pesticide Registration
Improvement Act of 2022; or
``(jj) does not contain as attested to by the
registrant, an active ingredient approved in the 2-
year period preceding the date of registration by
any global stringent regulatory authority for the
same uses, vectors, and applications.
``(II) Mosquito vector priority.--For each of
fiscal years 2023 through 2027, the focus of the
program shall be to incentivize the development of
insecticides to control and prevent the spread of
mosquitoes bearing diseases described in subclause
(I)(cc).
``(III) Exception.--If the Administrator determines
that there is a significant public health benefit, an
active ingredient that is registered for agricultural
use that is repurposed and submitted for control of
mosquitoes and that otherwise meets the requirements of
subclause (I) (excluding items (bb) and (jj)) as
determined necessary by the Administrator, shall be
considered a mosquito control product meeting the
criteria specified in such subclause.
``(IV) Eligibility criteria modifications.--
``(aa) In general.--Beginning in fiscal year
2028, the Administrator shall review the program
and recommend--
``(AA) modifications to the requirements
described in subclause (I); and
``(BB) additional vectors to be included in
the program, prioritizing vectors that pose the
most significant population health risks.
``(bb) Public involvement.--In carrying out
item (aa), the Administrator shall solicit the
involvement of registrants, nongovernmental
organizations, and governmental agencies engaged in
vector-borne disease mitigation and treatment.
``(v) Redemption of vouchers.--To redeem a voucher, the
holder shall--
``(I) notify the Administrator of the intent of the
holder to submit a pesticide application with a voucher
for expedited review not less than 90 days before the
submission of the application; and
``(II) pay the applicable registration service fee
under section 33(b).
``(vi) Expedited review.--On redemption of a voucher,
in furtherance of the purpose described in clause (iii),
the Administrator shall expedite decision review times as
follows:
``(I) 6 months less than the decision review time
for Category R010, New Active Ingredient, Food use.
``(II) 6 months less than the decision review time
for Category R020, New Active Ingredient, Food use;
reduced risk.
``(III) 6 months less than the decision review time
for Category R060, New Active Ingredient, Non-food use;
outdoor.
``(IV) 6 months less than the decision review time
for Category R110, New Active Ingredient, Non-food use;
indoor.
``(V) 4 months less than the decision review time
for Category R070, New Active Ingredient, Non-food use;
outdoor; reduced risk.
``(VI) 2 months less than the decision review time
for Category R120, New Active Ingredient, Non-food use;
indoor; reduced risk.
``(vii) Reports.--Not later than September 30, 2025,
and not later than September 30 of each year thereafter,
the Administrator shall issue a report on the program,
including--
``(I) the number of submissions seeking a voucher;
``(II) the total time in review for each such
submission;
``(III) the number of such vouchers awarded;
``(IV) the number of such vouchers redeemed; and
``(V) with respect to each such redeemed voucher--
``(aa) the decision review time for the
pesticide application for which the voucher was
redeemed; and
``(bb) the average standard decision review
time for the applicable pesticide category.
``(C) Unused amounts.--Any unused amounts made available
under this paragraph at the end of each fiscal year shall be
made available to the Administrator to carry out other
activities for which amounts in the Reregistration and
Expedited Processing Fund are authorized to be used.
``(8) Pesticide surveillance program.--In addition to amounts
otherwise available, for each of fiscal years 2023 through 2027,
the Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund to support the interagency agreement with
the National Institute for Occupational Safety and Health to
support the Sentinel Event Notification System for Occupational
Risk pesticides program--
``(A) with a goal of increasing the number of participating
States, prioritizing expansion in States with the highest
numbers of agricultural workers; and
``(B) to improve reporting by participating States.''; and
(6) in paragraph (10) (as so redesignated), in the first
sentence, by striking ``(2), (3), (4), and (5)'' and inserting
``(2) through (8)''.
SEC. 705. PESTICIDE REGISTRATION SERVICE FEES.
(a) Extension and Modification of Fee Authority.--
(1) In general.--Section 33(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is amended--
(A) in paragraph (2)(E)(iii), by striking ``after review''
and inserting ``on completion of, where appropriate, the
initial screening of the contents of the application or the
preliminary technical screening'';
(B) by striking ``paragraph (3)'' each place it appears and
inserting ``paragraph (3)(B)'';
(C) in paragraph (3), by striking ``Subject to paragraph
(6),'' and inserting the following:
``(A) Data evaluation records.--At the decision review time
under a fee table specified in subparagraph (B) or as agreed
upon under subsection (f)(5), for each covered application
under a fee table specified in such subparagraph (B), the
Administrator shall--
``(i) complete data evaluation records for studies
submitted by the applicant in support of the application;
and
``(ii) release those data evaluation records to the
applicant, using appropriate protections for confidential
business information.
``(B) Schedule, actions, and fees.--Subject to paragraph
(6),'';
(D) in paragraph (6)--
(i) by amending subparagraph (A) to read as follows:
``Subject to the following sentence, effective for a
covered application received during the period beginning on
October 1, 2024, and ending on September 30, 2026, the
Administrator may increase by 5 percent the registration
service fee payable for the application under paragraph
(3). No adjustment may be made under the preceding sentence
until the date on which the Administrator begins to
implement clauses (i) and (ii) of subsection (k)(2)(A).'';
and
(ii) by amending subparagraph (B) to read as follows:
``Subject to the following sentence, effective for a
covered application received on or after October 1, 2026,
the Administrator may increase by an additional 5 percent
the registration service fee in effect as of September 30,
2026. No adjustment may be made under the preceding
sentence until the date on which the Administrator begins
to implement any recommendations for process improvements
contained in the report under subsection (c)(4), as
appropriate.''; and
(E) in paragraph (7)(A), by striking ``(commonly referred
to as a Gold Seal letter)'' and inserting ``(including a Gold
Seal letter and a Certificate of Establishment)''.
(2) Conforming amendment.--Section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is
amended by striking ``subsection (b)(3)'' each place it appears and
inserting ``subsection (b)(3)(B)''.
(b) Pesticide Registration Fund.--Section 33(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is
amended--
(1) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Endangered species review of outdoor use of pesticide
products.--
``(i) In general.--The Administrator shall use the
amounts made available in the Fund to develop, receive
comments with respect to, and finalize, guidance to
registrants regarding analysis necessary to support the
review of outdoor uses of pesticide products under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(ii) Deadlines for guidance.--The Administrator shall
issue final guidance required by clause (i) in accordance
with the following:
``(I) With respect to new active ingredients or any
registration review decision proposed for 1 or more
outdoor uses, not later than 9 months after the date of
enactment of the Pesticide Registration Improvement Act
of 2022.
``(II) With respect to new outdoor uses of a
registered pesticide, not later than 1 year after the
date of enactment of the Pesticide Registration
Improvement Act of 2022.
``(III) With respect to antimicrobial pesticide
products, not later than 3 years after the date of
enactment of the Pesticide Registration Improvement Act
of 2022.
``(C) Independent third party assessments.--
``(i) In general.--The Administrator shall use the
amounts made available in the Fund to carry out the
activities described in clauses (ii) and (iii).
``(ii) Workforce assessment.--
``(I) In general.--The Administrator shall procure
a competitive contract with a qualified, independent
contractor with expertise in assessing public sector
workforce data analysis and reporting to conduct an
assessment of current methodologies and data or metrics
available to represent the workforce implementing the
Pesticide Registration Improvement Act of 2022 and the
amendments made by that Act, including an assessment of
filled and vacant positions and full-time equivalent
employees relating to that implementation.
``(II) Report.--Not later than 2 years after the
date of enactment of the Pesticide Registration
Improvement Act of 2022--
``(aa) the contractor selected under subclause
(I) shall submit to the Administrator a report
describing--
``(AA) the findings from the assessment
under that subclause; and
``(BB) recommendations for improved
methodologies to represent full-time equivalent
resources described in that subclause; and
``(bb) the Administrator shall publish the
report submitted under item (aa) on the website of
the Environmental Protection Agency.
``(iii) Process assessment.--
``(I) In general.--
``(aa) Contracts.--Within 1 year of the date of
enactment of the Pesticide Registration Improvement
Act of 2022, to the extent practicable, the
Administrator shall issue a competitive contract to
a private, independent consulting firm--
``(AA) to conduct the assessment described
in subclause (II); and
``(BB) to submit to the Administrator a
report describing the findings of the
assessment and the processes and performance of
the Environmental Protection Agency relating to
the implementation of the Pesticide
Registration Improvement Act of 2022 and the
amendments made by that Act.
``(bb) Eligibility.--The firm described in item
(aa) shall be capable of performing the technical
analysis, management assessment, and program
evaluation tasks required to address the scope of
the assessment under subclause (II).
``(II) Assessment.--
``(aa) In general.--The Administrator,
applicants, and registrants shall participate in a
targeted assessment of the process for the review
of applications submitted under this Act.
``(bb) Consultation.--The firm selected under
subclause (I) shall consult with the Administrator
and applicants at the start of the assessment under
item (aa) and prior to submission of the report
under subclause (I)(aa)(BB).
``(cc) Requirements.--The assessment under item
(aa) shall evaluate and make recommendations
regarding--
``(AA) the initial content screen;
``(BB) the preliminary technical screen;
``(CC) performance, processes, and progress
toward reducing renegotiation rates and the
average length of renegotiations;
``(DD) performance, processes, and progress
toward eliminating the backlog of registrant
submissions not covered by subsection (b)(3);
``(EE) performance, processes, and progress
toward ensuring that all registrant submissions
not covered by subsection (b)(3) are completed
by the applicable deadlines described in the
notice of the Administrator entitled `Pesticide
Registration Notice (PR) 98-10: Notifications,
Non-Notifications and Minor Formulation
Amendments' and dated October 22, 1998 (and any
successor amendments to that notice) and
described in subsections (c)(3)(B) and (h) of
section 3;
``(FF) compliance with the provisions of
this Act relating to renegotiations and
registrant submissions not covered by
subsection (b)(3);
``(GG) information technology systems;
``(HH) recommended improvements to employee
training;
``(II) performance, progress, and processes
in completing registration review; and
``(JJ) other appropriate issues, such as
submissions by inert suppliers and fast-track
amendments under subsections (c)(3)(B) and (h)
of section 3.
``(III) Report to congress.--Not later than 1 year
after the receipt of an assessment required under this
section, the Administrator shall submit to the
Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Agriculture of the
House of Representatives--
``(aa) a copy of each such assessment; and
``(bb) the Administrator's evaluation of the
findings and recommendations contained in each such
assessment.
``(IV) Recommendations.--The Administrator shall
include with the report submitted under subclause (III)
a classification of each recommendation described in
the report as--
``(aa) can be implemented through
administrative action of the Administrator; or
``(bb) requires a statutory change.''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) shall be available during periods in which
Environmental Protection Agency employees are on shutdown or
emergency furlough as a result of a lapse in appropriations;
and''.
(c) Assessment of Fees.--Section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(d)(2)) is
amended--
(1) by striking ``(as in existence in fiscal year 2012)''; and
(2) by striking ``the amount of appropriations for covered
functions for fiscal year 2012 (excluding the amount of any fees
appropriated for the fiscal year).'' and inserting
``$166,000,000.''.
(d) Reforms to Reduce Decision Time Review Periods and Prevent
Double Payment of Registration Fees.--Section 33(e) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(e)) is
amended--
(1) by striking the subsection designation and heading and all
that follows through ``To the maximum'' and inserting the
following:
``(e) Reforms to Reduce Decision Time Review Periods and Prevent
Double Payment of Registration Fees.--
``(1) Reduction of decision time review periods.--To the
maximum''; and
(2) by adding at the end the following:
``(2) Prevention of double payment of registration service
fees.--The Administrator shall develop and implement a process to
determine the appropriate fee category or categories for an
application that qualifies for more than one fee category in order
to assist applicants and prevent unnecessary payment of fees for
multiple categories for a single application.''.
(e) Decision Time Review Periods.--Section 33(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(f)) is
amended--
(1) in paragraph (1), by striking ``Pesticide Registration
Improvement Extension Act of 2018'' and inserting ``Pesticide
Registration Improvement Act of 2022'';
(2) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by adding at the end the following:
``(III) Final fee category.--The fee category of a
covered application or other actions may not be
changed, without providing the information to the
applicant, after completion of the preliminary
technical screening described in clause (iv).'';
(ii) in clause (iii), in the matter preceding subclause
(I), by inserting ``automate the process, to the maximum
extent practicable, and'' before ``determine''; and
(iii) in clause (iv)--
(I) in the matter preceding subclause (I), by
striking ``shall determine if--'' and inserting
``shall--'';
(II) in subclause (I)--
(aa) by inserting ``determine if'' before ``the
application and''; and
(bb) by striking ``and'' at the end;
(III) in subclause (II)--
(aa) by inserting ``determine if'' before ``the
application, data,''; and
(bb) by striking the period at the end and
inserting a semicolon; and
(IV) by adding at the end the following:
``(III) determine, if applicable, whether an
application qualifies for a reduced risk determination
under subsection (c)(10) or (h) of section 3;
``(IV) grant or deny any data waiver requests
submitted by the applicant with the application;
``(V) verify and validate the accuracy of the fee
category selected by the applicant; and
``(VI) notify the applicant, in writing, if a new
or different fee category is required and calculate the
new decision review time based on the original
submission date.''; and
(B) by striking subparagraph (E) and inserting the
following:
``(E) Applications for reduced risk.--
``(i) Fee.--If an application for a reduced risk new
active ingredient or a reduced risk new use is determined
not to qualify as reduced risk, the applicant shall pay the
difference in fee for the corresponding non-reduced risk
application.
``(ii) Decision review time period.--After receipt by
the Administrator of the original covered reduced risk
application and fee, the decision time review period for
the corresponding non-reduced risk application shall begin
within the time periods described in subparagraph (A),
based on the submission date of the original covered
reduced risk application.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Extension of decision time review period.--
``(A) Notification.--If the Administrator cannot meet a
decision time review period under this subsection, the
Administrator shall notify the applicant, in writing, of--
``(i) the reasons why additional time is needed; and
``(ii) the number of days needed that would allow the
Administrator to make a regulatory decision.
``(B) Extension by negotiation or mutual agreement.--The
Administrator, acting solely through the Director of the Office
of Pesticide Programs, and the applicant may mutually agree, in
writing, to extend a decision time review period under this
subsection if--
``(i) there is new or additional data or information
from the applicant that is necessary for the Administrator
to make a decision on the application that cannot be made
available within the original decision time review period;
or
``(ii) a public comment period associated with the
application generates significant comments that cannot be
addressed within the original decision time review period.
``(C) Priority.--Once a decision time review period for a
covered action described in subsection (b)(3)(B) is missed or
extended, the Administrator shall make any action on the
application a priority.''.
(f) Reports and Information Technology.--Section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is
amended by striking subsection (k) and inserting the following:
``(k) Reports and Information Technology.--
``(1) Reports.--
``(A) In general.--Not later than 120 days after the last
day of each of fiscal years 2023 through 2027, the
Administrator shall publish an annual report describing--
``(i) actions taken under this section;
``(ii) registrant submissions not covered by subsection
(b)(3)(B);
``(iii) the initial content and preliminary technical
screenings required in subsection (f)(4)(B); and
``(iv) staffing relating to implementing the Pesticide
Registration Improvement Act of 2022 and the amendments
made by that Act.
``(B) Contents.--Each report published under subparagraph
(A) shall include a summary of the following information:
``(i) Actions under this section.--To the extent
practicable, data for each action taken under this section
that is completed during the fiscal year covered by the
report or pending at the conclusion of that fiscal year,
organized by registering division, including--
``(I) the Action Code;
``(II) the application receipt date;
``(III) the electronic portal tracking number
assigned to the application at the time of submission
to the electronic submission portal or the
Environmental Protection Agency tracking number;
``(IV) the original decision due date based on the
Action Code;
``(V) the dates of any renegotiations and the
renegotiated due dates, if applicable;
``(VI) the reasons for each renegotiation, if
applicable;
``(VII) if the submission had to be recoded,
reassigned codes, if applicable;
``(VIII) the date that the submission was recoded,
if applicable;
``(IX) the decision completion date, if the action
has been completed;
``(X) the status of the action, which may be--
``(aa) failed initial content screen;
``(bb) failed preliminary technical screen;
``(cc) approved;
``(dd) withdrawn;
``(ee) denied;
``(ff) do not grant; or
``(gg) pending;
``(XI) the reason for any denial or do not grant
decision, if applicable;
``(XII) a review of the progress made in carrying
out each requirement of subsections (e) and (f),
including, to the extent determined appropriate by the
Administrator and consistent with the authorities of
the Administrator and limitations on delegation of
functions by the Administrator, recommendations for the
allowance and use of summaries of acute toxicity
studies;
``(XIII) a review of the progress in carrying out
section 3(g), including--
``(aa) the number of pesticides or pesticide
cases reviewed and the number of registration
review decisions completed, including--
``(AA) the number of cases cancelled;
``(BB) the number of cases requiring risk
mitigation measures;
``(CC) the number of cases removing risk
mitigation measures;
``(DD) the number of cases with no risk
mitigation needed; and
``(EE) the number of cases in which risk
mitigation has been fully implemented;
``(XIV) a review of the progress made toward
implementing enhancements to--
``(aa) the electronic tracking of conditional
registrations; and
``(bb) the endangered species database;
``(XV) a review of the progress made in updating
the Pesticide Incident Data System, including progress
toward making the information contained in the System
available to the public (as the Administrator
determines is appropriate);
``(XVI) an assessment of the public availability of
summary pesticide usage data;
``(XVII) the number of the active ingredients
approved, new uses, and pesticide end use products
granted in connection with the Design for the
Environment program (or any successor program) of the
Environmental Protection Agency;
``(XVIII) with respect to funds in the
Reregistration and Expedited Processing Fund described
under section 4(k), a review that includes--
``(aa) a description of the amount and use of
such funds--
``(AA) to carry out activities relating to
worker protection under subparagraphs (G) and
(H) of section 4(i)(1);
``(BB) to award partnership grants under
subparagraph (I) of such section; and
``(CC) to carry out the pesticide safety
education program under subparagraph (J) of
such section;
``(bb) an evaluation of the appropriateness and
effectiveness of the activities, grants, and
program under subparagraphs (G), (H), (I), and (J)
of such section;
``(cc) a description of how stakeholders are
engaged in the decision to fund such activities,
grants, and program in accordance with the
stakeholder input provided under such
subparagraphs; and
``(dd) with respect to activities relating to
worker protection carried out under subparagraphs
(G) and (H) of section 4(i)(1), a summary of the
analyses from stakeholders, including from worker
community-based organizations, on the
appropriateness and effectiveness of such
activities.
``(XIX) beginning two years after enactment, report
on the progress of meeting the deadlines listed in
paragraph (5) of section 3(f); and
``(XX) a review of progress made in implementing
the pesticide surveillance program referred to in
paragraph (8) of section 4(k).
``(ii) Registrant submissions not covered by section
33(b)(3)(b).--Each registrant submission not covered by
subsection (b)(3)(B), that is completed during the fiscal
year covered by the report or pending at the conclusion of
that fiscal year, organized by registering division,
including--
``(I) the submission date;
``(II) the electronic portal tracking number
assigned to the application at the time of the
submission of the application to the electronic
submission portal;
``(III) the type of regulatory action, as defined
by statute or guidance document, and the specific label
action;
``(IV) the status of the action;
``(V) the due date;
``(VI) the reason for the outcome; and
``(VII) the completion date, if applicable.
``(iii) Screening process.--Data for the initial
content screens and preliminary technical screens that are
completed during the fiscal year covered by the report or
pending at the conclusion of that fiscal year, organized by
registering division, including--
``(I) the number of applications successfully
passing each type of screen;
``(II) the number of applications that failed the
screening process for each type of screen;
``(III) the number of notifications issued by the
Administrator under subsection (f)(4)(B)(ii)(II);
``(IV) the number of notifications issued by the
Administrator under subsection (f)(4)(B)(ii)(I) and the
number of applications resulting in a rejection; and
``(V) the number of notifications issued under
section 152.105 of title 40, Code of Federal
Regulations (or successor regulations), and to the
extent practicable, the reasons for that issuance.
``(iv) Staffing.--Data on the staffing relating to work
covered under the Pesticide Registration Improvement Act of
2022 and the amendments made by that Act, organized by
registering division, including--
``(I) the number of new hires and personnel
departures;
``(II) the number of full-time equivalents at the
end of each fiscal year;
``(III) the number of full-time equivalents working
on registration review activities; and
``(IV) the number of full-time equivalents working
on registrant submissions not covered by subsection
(b)(3)(B).
``(C) Publication.--The Administrator shall publish each
report under subparagraph (A)--
``(i) on the website of the Environmental Protection
Agency; and
``(ii) by such other methods as the Administrator
determines to be the most effective for efficiently
disseminating the report.
``(2) Information technology.--
``(A) System.--Not later than 1 year after the date of
enactment of the Pesticide Registration Improvement Act of
2022, the Administrator shall establish an information
technology system that--
``(i) includes all registering divisions in the Office
of Pesticide Programs;
``(ii) provides a real-time, accurate, tracking system
for all regulatory submissions to the Office of Pesticide
Programs;
``(iii) provides a real-time, accessible information
that provides each applicant confidential, online access to
the status and progress of the regulatory submissions of
the applicant; and
``(iv) updates the electronic submission portal--
``(I) to ensure that label reviews are limited to
current label changes, to the maximum extent
practicable;
``(II) to automate, to the extent practicable,
minor, low risk regulatory actions; and
``(III) to allow self-certification of certain
regulatory actions, as determined by the Administrator.
``(B) Access to registration data and decisions.--The
Administrator shall implement efforts to expand existing, and
develop new, information technology tools and databases to
improve access by Environmental Protection Agency employees to
data used to fulfill registrations, and public access to
information about regulatory decisionmaking tools, including
opportunities for--
``(i) analysis of the impact of submitted studies on
Environmental Protection Agency assessments and decisions;
``(ii) facilitation of read-across or computational
model development to help fill information gaps;
``(iii) tracking and reporting submission and decision
metrics relating to the use and acceptance of test methods;
and
``(iv) drafting and publication of policies
communicating Environmental Protection Agency acceptance of
novel technologies or approaches.''.
(g) Termination of Effectiveness.--Section 33(m) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is
amended--
(1) by striking ``2023'' each place it appears and inserting
``2027''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by striking ``2024''
and inserting ``2028'' ; and
(ii) by striking ``2024'' and inserting ``2028''; and
(B) in each of subparagraphs (B) and (C)--
(i) in the subparagraph heading, by striking ``2025''
each place it appears and inserting ``2029''; and
(ii) by striking ``2025'' each place it appears and
inserting ``2029''.
SEC. 706. REVISION OF TABLES REGARDING COVERED PESTICIDE
REGISTRATION APPLICATIONS AND OTHER COVERED ACTIONS AND THEIR
CORRESPONDING REGISTRATION SERVICE FEES.
Section 33(b)(3) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w-8(b)(3)) (as amended by section
705(a)(1)(C)) is amended by striking subparagraph (B) and inserting the
following:
``(B) Schedule, actions, and fees.--Subject to paragraph
(6), the schedule of registration applications and other
covered actions and their corresponding registration service
fees shall be as follows:
``TABLE 1. -- REGISTRATION DIVISION (RD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R010 1 New Active Ingredient, Food use. (2) 36 1,079,356
(3)
----------------------------------------------------------------------------------------------------------------
R020 2 New Active Ingredient, Food use; 27 899,464
reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R040 3 New Active Ingredient, Food use; 18 662,883
Experimental Use Permit application;
establish temporary tolerance;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
R060 4 New Active Ingredient, Non-food use; 30 749,886
outdoor. (2) (3)
----------------------------------------------------------------------------------------------------------------
R070 5 New Active Ingredient, Non-food use; 24 624,905
outdoor; reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R090 6 New Active Ingredient, Non-food use; 16 463,930
outdoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R110 7 New Active Ingredient, Non-food use; 20 417,069
indoor. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R120 8 New Active Ingredient, Non-food use; 14 347,556
indoor; reduced risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R121 9 New Active Ingredient, Non-food use; 18 261,322
indoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R122 10 Enriched isomer(s) of registered mixed- 27 454,526
isomer active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R123 11 New Active Ingredient, Seed treatment 27 676,296
only; includes agricultural and non-
agricultural seeds; non-food use, not
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R126 12 New Active Ingredient, Seed treatment 31 743,925
(new) only; limited uptake into raw
agricultural commodities; use
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R125 13 New Active Ingredient, Seed treatment; 16 463,930
Experimental Use Permit application;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 2. -- REGISTRATION DIVISION (RD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R130 14 First food use; indoor; food/food 23 274,388
handling. (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R140 15 Additional food use; Indoor; food/food 17 64,028
handling. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R150 16 First food use. (2) (3) (5) 23 454,490
----------------------------------------------------------------------------------------------------------------
R155 17 First food use, Experimental Use 21 378,742
Permit application; active ingredient
registered for non-food use. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R160 18 First food use; reduced risk. (2) (3) 18 378,742
(5)
----------------------------------------------------------------------------------------------------------------
R170 19 Additional food use. (3) (4) (5) 17 113,728
----------------------------------------------------------------------------------------------------------------
R175 20 Additional food uses covered within a 14 94,774
crop group resulting from the
conversion of existing approved crop
group(s) to one or more revised crop
groups. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R180 21 Additional food use; reduced risk. (3) 12 94,774
(4) (5)
----------------------------------------------------------------------------------------------------------------
R190 22 Additional food uses; 6 or more 17 682,357
submitted in one application. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R200 23 Additional Food Use; 6 or more 12 568,632
submitted in one application; Reduced
Risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R210 24 Additional food use; Experimental Use 12 70,210
Permit application; establish
temporary tolerance; no credit toward
new use registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R220 25 Additional food use; Experimental Use 6 28,434
Permit application; crop destruct
basis; no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R230 26 Additional use; non-food; outdoor. (3) 16 45,453
(4) (5)
----------------------------------------------------------------------------------------------------------------
R240 27 Additional use; non-food; outdoor; 10 37,878
reduced risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R250 28 Additional use; non-food; outdoor; 6 28,434
Experimental Use Permit application;
no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R251 29 Experimental Use Permit application 8 28,434
which requires no changes to the
tolerance(s); non-crop destruct
basis. (3) (5)
----------------------------------------------------------------------------------------------------------------
R260 30 New use; non-food; indoor. (3) (4) (5) 12 21,954
----------------------------------------------------------------------------------------------------------------
R270 31 New use; non-food; indoor; reduced 9 18,296
risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R271 32 New use; non-food; indoor; 6 13,940
Experimental Use Permit application;
no credit toward new use
registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R273 33 Additional use; seed treatment only; 12 72,302
use not requiring a new tolerance;
includes crops with established
tolerances (e.g., for soil or foliar
application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R274 34 Additional use; seed treatment only; 6 12 433,793
or more submitted in one application;
uses not requiring new tolerances;
includes crops with established
tolerances (e.g., for soil or foliar
application). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R276 35 Additional use, seed treatment only; 14 79,560
(new) limited uptake into raw agricultural
commodities; use requiring a
tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R277 36 Additional use, seed treatment only; 6 14 477,360
(new) or more submitted in one application;
limited uptake into raw agricultural
commodities; use requiring a
tolerance. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 3. -- REGISTRATION DIVISION (RD) -- IMPORT AND OTHER TOLERANCES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R280 37 Establish tolerances for residues in 22 457,311
imported commodities; new active
ingredient or first food use. (2)
----------------------------------------------------------------------------------------------------------------
R290 38 Establish tolerances for residues in 16 91,465
imported commodities; Additional new
food use.
----------------------------------------------------------------------------------------------------------------
R291 39 Establish tolerances for residues in 16 548,773
imported commodities; additional food
uses; 6 or more crops submitted in
one petition.
----------------------------------------------------------------------------------------------------------------
R292 40 Amend an established tolerance (e.g., 12 64,987
decrease or increase) and/or
harmonize established tolerances with
Codex Maximum Residue Limits;
domestic or import; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R293 41 Establish tolerance(s) for inadvertent 13 76,656
residues in one crop; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R294 42 Establish tolerances for inadvertent 13 459,922
residues; 6 or more crops submitted
in one application; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
R295 43 Establish tolerance(s) for residues in 16 94,774
one rotational crop in response to a
specific rotational crop application;
submission of corresponding label
amendments which specify the
necessary plant-back restrictions;
applicant-initiated. (3) (4)
----------------------------------------------------------------------------------------------------------------
R296 44 Establish tolerances for residues in 16 568,632
rotational crops in response to a
specific rotational crop petition; 6
or more crops submitted in one
application; submission of
corresponding label amendments which
specify the necessary plant-back
restrictions; applicant-initiated.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R297 45 Amend 6 or more established tolerances 12 389,897
(e.g., decrease or increase) in one
petition; domestic or import;
applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R298 46 Amend an established tolerance (e.g., 14 83,940
decrease or increase); domestic or
import; submission of corresponding
amended labels (requiring science
review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R299 47 Amend 6 or more established tolerances 14 408,853
(e.g., decrease or increase);
domestic or import; submission of
corresponding amended labels
(requiring science review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R281 48 Establish tolerances for residues in 12 68,599
(new) imported commodities; additional new
food use; submission of residue
chemistry data review conducted by
Codex or other competent national
regulatory authority.
----------------------------------------------------------------------------------------------------------------
R282 49 Establish tolerances for residues in 12 411,580
(new) imported commodities; additional new
food uses; 6 or more crops submitted
in one petition; submission of
residue chemistry data review
conducted by Codex or other competent
national regulatory authority.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the
base fee for the category. All items in the covered application must be submitted together in one package.
Each application for an additional new product registration and new inert approval(s) that is submitted in the
amendment application package is subject to the registration service fee for a new product or a new inert
approval. However, if an amendment application only proposes to register the amendment for a new product and
there are no amendments in the application, then review of one new product application is covered by the base
fee. All such associated applications that are submitted together will be subject to the category decision
review time.
``TABLE 4. -- REGISTRATION DIVISION (RD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
New CR Decision Review Time Registration
EPA No. No. Action (Months)(1) Service Fee
($)
----------------------------------------------------------------------------------------------------------------
R300 50 New product; or similar combination 4 2,270
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; no data review on acute
toxicity, efficacy or child-resistant
packaging -- only product chemistry
data; cite-all data citation, or
selective data citation where applicant
owns all required data, or applicant
submits specific authorization letter
from data owner. Category also includes
100% re- package of registered end-use
or manufacturing-use product that
requires no data submission nor data
matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
R301 51 New product; or similar combination 4 2,720
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; selective data citation only
for data on product chemistry and/or
acute toxicity and/or public health pest
efficacy (identical data citation and
claims to cited product(s)), where
applicant does not own all required data
and does not have a specific
authorization letter from data owner.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R310 52 New end-use or manufacturing-use product 7 10,466
with registered source(s) of active
ingredient(s); includes products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; requires review of data package
within RD only; includes data and/or
waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
4. Child-resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R314 53 New end-use product containing up to 8 12,364
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) for up
to 3 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R319 54 New end-use product containing up to 10 18,097
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R318 55 New end-use product containing four or 9 18,994
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R321 56 New end-use product containing four or 11 24,727
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R315 57 New end-use on-animal product, registered 9 14,075
source of active ingredient(s) with
submission of data and/or waivers for
only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R316 58 New end-use or manufacturing-use product 9 16,199
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for 4 to
7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R317 59 New end-use or manufacturing-use product 10 21,932
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. Pest(s) requiring efficacy - for
greater than 7 target pests, (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R320 60 New product; new physical form; requires 12 18,958
data review in science divisions. (2)
(3) (5)
----------------------------------------------------------------------------------------------------------------
R331 61 New product; repack of identical 3 3,627
registered end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
R332 62 New manufacturing-use product; registered 24 405,919
active ingredient; unregistered source
of active ingredient; submission of
completely new generic data package;
registered uses only; requires review in
RD and science divisions. (2) (3)
----------------------------------------------------------------------------------------------------------------
R333 63 New product; manufacturing-use product or 11 28,434
end-use product with unregistered source
of active ingredient; requires science
data review; new physical form; etc.
Cite-all or selective data citation
where applicant owns all required data.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R334 64 New product; manufacturing-use product or 12 33,108
end-use product with unregistered source
of the active ingredient; requires
science data review; new physical form;
etc. Selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------
R361 65 New end-use product containing up to 12 23,400
(new) three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R362 66 New end-use product containing four or 13 25,350
(new) more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R363 67 New product; repack of identical 6 7,800
(new) registered manufacturing-use product as
an end-use product; same registered uses
only, with no additional data. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 5. -- REGISTRATION DIVISION (RD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R340 68 Amendment requiring data review within 4 7,150
RD (e.g., changes to precautionary
label statements); includes adding/
modifying pest(s) claims for up to 2
target pests; excludes products
requiring or citing an animal safety
study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R341 69 Amendment requiring data review within 6 8,584
RD (e.g., changes to precautionary
label statements), includes adding/
modifying pest(s) claims for greater
than 2 target pests; excludes
products requiring or citing an
animal safety study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R345 70 Amending on-animal products previously 7 12,643
registered, with the submission of
data and/or waivers for only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3)
(4)
----------------------------------------------------------------------------------------------------------------
R350 71 Amendment requiring data review in 9 18,958
science divisions (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or
Preharvest Interval, or use rate, or
number of applications; or add aerial
application; or modify Ground Water/
Surface Water advisory statement).
(2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R351 72 Amendment adding a new unregistered 8 18,958
source of active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R352 73 Amendment adding already approved 8 18,958
uses; selective method of support;
does not apply if the applicant owns
all cited data. (2) (3)
----------------------------------------------------------------------------------------------------------------
R371 74 Amendment to Experimental Use Permit; 6 14,463
(does not include extending a
permit's time period). (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under PR Notices,
such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees.
(e) Submissions with data and requiring data review are subject to registration service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 6. -- REGISTRATION DIVISION (RD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R124 75 Conditional Ruling on Pre-application 6 3,627
Study Waivers; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R272 76 Review of Study Protocol applicant- 3 3,627
initiated; excludes Data Analysis
Reporting Tool, pre- registration
conference, Rapid Response review,
developmental neurotoxicity protocol
review, protocol needing Human
Studies Review Board review,
companion animal safety protocol.
----------------------------------------------------------------------------------------------------------------
R275 77 Rebuttal of Agency reviewed protocol, 3 3,627
applicant initiated.
----------------------------------------------------------------------------------------------------------------
R278 78 Review of Protocol for companion 5 4,927
(new) animal safety study.
----------------------------------------------------------------------------------------------------------------
R279 79 Comparative product determination for 3 5,200
(new) reduced risk submission, applicant
initiated; submitted before
application for reduced risk new
active ingredient or reduced risk new
use.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
``TABLE 7. -- ANTIMICROBIAL DIVISION (AD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A380 80 New Active Ingredient; Indirect Food 26 227,957
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A390 81 New Active Ingredient; Direct Food 26 329,265
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A410 82 New Active Ingredient Non-food use. 23 278,659
(2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A431 83 New Active Ingredient, Non-food use; 14 114,984
low-risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 8. -- ANTIMICROBIAL DIVISION (AD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A440 84 New Use, Indirect Food Use, establish 23 45,737
tolerance or tolerance exemption. (2)
(3) (4) (6)
----------------------------------------------------------------------------------------------------------------
A441 85 Additional Indirect food uses; 23 164,639
establish tolerances or tolerance
exemptions if required; 6 or more
submitted in one application. (3) (4)
(5) (6)
----------------------------------------------------------------------------------------------------------------
A450 86 New use, Direct food use, establish 23 137,198
tolerance or tolerance exemption. (2)
(3) (4) (6)
----------------------------------------------------------------------------------------------------------------
A451 87 Additional Direct food uses; establish 22 261,333
tolerances or tolerance exemptions if
required; 6 or more submitted in one
application. (3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A500 88 New use, non-food. (4) (5) (6) 15 45,737
----------------------------------------------------------------------------------------------------------------
A501 89 New use, non-food; 6 or more submitted 17 109,764
in one application. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
previously subject to such a clearance, then review of the data for such clearance of such product is not
subject to a registration service fee for the tolerance action for two years from the effective date of the
rule.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(6) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 9. -- ANTIMICROBIAL DIVISION (AD) -- NEW PRODUCTS AND AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A530 90 New product, identical or 4 1,833
substantially similar in composition
and use to a registered product; no
data review or only product chemistry
data; cite all data citation or
selective data citation where
applicant owns all required data; or
applicant submits specific
authorization letter from data owner.
Category also includes 100% re-
package of registered end-use or
manufacturing-use product that
requires no data submission nor data
matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
A531 91 New product; identical or 4 2,616
substantially similar in composition
and use to a registered product;
registered source of active
ingredient: selective data citation
only for data on product chemistry
and/or acute toxicity and/or public
health pest efficacy, where applicant
does not own all required data and
does not have a specific
authorization letter from data owner.
(2) (3)
----------------------------------------------------------------------------------------------------------------
A532 92 New product; identical or 5 7,322
substantially similar in composition
and use to a registered product;
registered active ingredient;
unregistered source of active
ingredient; cite-all data citation
except for product chemistry; product
chemistry data submitted. (2) (3)
----------------------------------------------------------------------------------------------------------------
A550 93 New end-use product; uses other than 9 18,958
FIFRA Sec. 2(mm); non-FQPA product.
(2) (3) (5)
----------------------------------------------------------------------------------------------------------------
A560 94 New manufacturing-use product; 6 18,054
registered active ingredient;
selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------
A565 95 New manufacturing-use product; 18 26,135
registered active ingredient;
unregistered source of active
ingredient; submission of new generic
data package; registered uses only;
requires science review. (2) (3)
----------------------------------------------------------------------------------------------------------------
A572 96 New Product or amendment requiring 9 18,958
data review for risk assessment by
Science Branch (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or use
rate). (2) (3) (4) (7)
----------------------------------------------------------------------------------------------------------------
A460 97 New end-use product; FIFRA Sec. 2(mm) 5 7,322
(new) uses only; 0 to 10 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A461 98 New end-use product; FIFRA Sec. 2(mm) 6 10,158
(new) uses only; 11 to 20 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A462 99 New end-use product; FIFRA Sec. 2(mm) 7 12,995
(new) uses only; 21 to 30 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A463 100 New end-use product; FIFRA Sec. 2(mm) 9 15,831
(new) uses only; 31 to 40 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A464 101 New end-use product; FIFRA Sec. 2(mm) 10 18,668
(new) uses only; 41 to 50 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A465 102 New end-use product; FIFRA Sec. 2(mm) 11 21,505
(new) uses only; 51 or more public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A470 103 Label amendment requiring data review; 4 5,493
(new) 0 to 10 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A471 104 Label amendment requiring data review; 5 8,506
(new) 11 to 20 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A472 105 Label amendment requiring data review; 6 10,219
(new) 21 to 30 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A473 106 Label amendment requiring data review; 7 11,933
(new) 31 to 40 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A474 107 Label amendment requiring data review; 8 13,646
(new) 41 to 50 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A475 108 Label amendment requiring data review; 9 15,766
(new) 51 or more public health organisms.
(3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective
method to support acute toxicity data requirements.
(6) Once an application for an amendment or a new product with public health organisms has been submitted and
classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for
the same product before the first application is granted will result in combination and reclassification of
both the original and subsequent submissions into the appropriate new category based on the sum of the number
of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and
may require additional fees to meet the fee of a new category.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 10. -- ANTIMICROBIAL DIVISION (AD) -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A520 109 Experimental Use Permit application, 9 9,151
non-food use. (2) (3)
----------------------------------------------------------------------------------------------------------------
A521 110 Review of public health efficacy study 6 6,776
protocol within AD, per AD Internal
Guidance for the Efficacy Protocol
Review Process; Code will also
include review of public health
efficacy study protocol; applicant-
initiated; Tier 1.
----------------------------------------------------------------------------------------------------------------
A522 111 Review of public health efficacy study 12 17,424
protocol outside AD by members of AD
Efficacy Protocol Review Expert
Panel; Code will also include review
of public health efficacy study
protocol; applicant-initiated; Tier
2.
----------------------------------------------------------------------------------------------------------------
A537 112 New Active Ingredient/New Use, 18 219,512
Experimental Use Permit application;
Direct food use; Establish tolerance
or tolerance exemption if required.
Credit 45% of fee toward new active
ingredient/new use application that
follows. (3)
----------------------------------------------------------------------------------------------------------------
A538 113 New Active Ingredient/New Use, 18 137,198
Experimental Use Permit application;
Indirect food use; Establish
tolerance or tolerance exemption if
required Credit 45% of fee toward new
active ingredient/new use application
that follows. (3)
----------------------------------------------------------------------------------------------------------------
A539 114 New Active Ingredient/New Use, 15 132,094
Experimental Use Permit application;
Nonfood use. Credit 45% of fee toward
new active ingredient/new use
application that follows. (3)
----------------------------------------------------------------------------------------------------------------
A529 115 Amendment to Experimental Use Permit; 9 16,383
requires data review or risk
assessment. (2) (3)
----------------------------------------------------------------------------------------------------------------
A523 116 Review of protocol other than a public 9 17,424
health efficacy study (i.e.,
Toxicology or Exposure Protocols).
----------------------------------------------------------------------------------------------------------------
A571 117 Science reassessment: refined 18 137,198
ecological risk, and/or endangered
species; applicant-initiated. (3)
----------------------------------------------------------------------------------------------------------------
A533 118 Exemption from the requirement of an 4 3,559
Experimental Use Permit. (2)
----------------------------------------------------------------------------------------------------------------
A534 119 Rebuttal of Agency reviewed protocol, 4 6,776
applicant initiated.
----------------------------------------------------------------------------------------------------------------
A535 120 Conditional ruling on pre-application 6 3,454
study waiver or data bridging
argument; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
A536 121 Conditional ruling on pre-application 4 3,559
direct food, indirect food, nonfood
use determination; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
A575 122 Efficacy similarity determination; if 4 3,389
(new) two products can be bridged or if
confirmatory efficacy data are
needed.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
3) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 11. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B580 123 New active ingredient; petition to 22 73,173
establish a tolerance. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
B590 124 New active ingredient; petition to 20 45,737
establish a tolerance exemption. (2)
(3) (4)
----------------------------------------------------------------------------------------------------------------
B600 125 New active ingredient; no change to a 15 27,443
permanent tolerance or tolerance
exemption (includes non-food uses).
(2) (3) (4)
----------------------------------------------------------------------------------------------------------------
B610 126 New active ingredient; Experimental 12 18,296
Use Permit application; petition to
establish a permanent or temporary
tolerance or temporary tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B620 127 New active ingredient; Experimental 9 9,151
Use Permit application; non-food use
(includes crop destruct). (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 12. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B630 128 First food use; petition to establish/ 13 18,296
amend a tolerance exemption. (2) (4)
(5)
----------------------------------------------------------------------------------------------------------------
B640 129 First food use; petition to establish/ 19 27,443
amend a tolerance. (2) (4) (5)
----------------------------------------------------------------------------------------------------------------
B644 130 New use, no change to an established 8 18,296
tolerance or tolerance exemption
(includes non-food uses). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
B645 131 New use; Experimental Use Permit; 12 18,296
petition to establish a permanent or
temporary tolerance or tolerance
exemption. (4) (5)
----------------------------------------------------------------------------------------------------------------
B646 132 New use; Experimental Use Permit; non- 7 9,151
food use (includes crop destruct).
(4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screen, and (c) is not itself a covered registration application, must be assessed 25% of the full
registration service fee for the new use application.
(4) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 13. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B660 133 New product; registered source of 6 1,833
active ingredient(s); identical or
substantially similar in composition
and use to a registered product; no
change in an established tolerance or
tolerance exemption; no data
submission or data matrix (or
submission of product chemistry data
only). (2) (3)
----------------------------------------------------------------------------------------------------------------
B670 134 New product; registered source of 9 7,322
active ingredient(s); no change in an
established tolerance or tolerance
exemption; (including non-food); Must
address Product-Specific Data
Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B672 135 New product; unregistered source of at 15 13,069
least one active ingredient (or
registered source with new generic
data package); no change in an
established tolerance or tolerance
exemption (including non-food); must
address Product-Specific and Generic
Data Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B673 136 New product; unregistered source of 12 7,322
active ingredient(s); citation of
Technical Grade Active Ingredient
(TGAI) data previously reviewed and
accepted by the Agency; requires an
Agency determination that the cited
data support the new product. (2) (3)
----------------------------------------------------------------------------------------------------------------
B674 137 New product; repack of identical 4 1,833
registered end-use product or repack
of an end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
B677 138 New end-use non-food animal product 12 12,643
with submission of two or more target
animal safety studies; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. public health pest efficacy and/or
4. animal safety studies and/or
5. child resistant packaging. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
``TABLE 14. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B621 139 Amendment; Experimental Use Permit; no 7 7,322
change to an established temporary or
permanent tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B622 140 Amendment; Experimental Use Permit; 11 18,296
petition to amend a permanent or
temporary tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B641 141 Amendment; changes to an established 13 18,296
tolerance or tolerance exemption. (4)
----------------------------------------------------------------------------------------------------------------
B680 142 Amendment; registered sources of 5 7,322
active ingredient(s); no new use(s);
no changes to an established
tolerance or tolerance exemption;
requires data submission. (2) (3)
----------------------------------------------------------------------------------------------------------------
B681 143 Amendment; unregistered source of 7 8,714
active ingredient(s); no change to an
established tolerance or tolerance
exemption; requires data submission.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B683 144 Amendment; no change to an established 6 7,322
tolerance or tolerance exemption;
requires review/update of previous
risk assessment(s) without data
submission (e.g., labeling changes to
Restricted Entry Interval, Personal
Protective Equipment, Preharvest
Interval). (2) (3)
----------------------------------------------------------------------------------------------------------------
B684 145 Amending non-food animal product that 8 12,643
includes submission of target animal
safety data; previously registered.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B685 146 Amendment; add a new biochemical 5 7,322
unregistered source of active
ingredient or a new microbial
production site; requires submission
of analysis of samples data and
source/production site-specific
manufacturing process description.
(3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 15. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES
(SCLP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B690 147 SCLP; new active ingredient; food or 7 3,662
non-food use. (2) (6) (7)
----------------------------------------------------------------------------------------------------------------
B700 148 SCLP; Experimental Use Permit 7 1,833
application; new active ingredient or
new use. (6) (7)
----------------------------------------------------------------------------------------------------------------
B701 149 SCLP; Extend or amend Experimental Use 4 1,833
Permit. (6) (7)
----------------------------------------------------------------------------------------------------------------
B710 150 SCLP; new product; registered source 4 1,833
of active ingredient(s); identical or
substantially similar in composition
and use to a registered product; no
change in an established tolerance or
tolerance exemption; no data
submission or data matrix (or only
product chemistry data); (Includes
100% re-pack; repack of registered
end-use product as a manufacturing-
use product). (3) (6)
----------------------------------------------------------------------------------------------------------------
B720 151 SCLP; new product; registered source 5 1,833
of active ingredient(s); no change in
an established tolerance or tolerance
exemption (including non-food); Must
address Product-Specific Data
Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
B721 152 SCLP: new product; unregistered source 7 3,836
of active ingredient; no change in an
established tolerance or tolerance
exemption (including non-food); must
address Product-Specific and Generic
Data Requirements. (3) (6)
----------------------------------------------------------------------------------------------------------------
B722 153 SCLP; new use and/or amendment; 7 3,552
petition to establish a tolerance or
tolerance exemption. (4) (5) (6) (7)
----------------------------------------------------------------------------------------------------------------
B730 154 SCLP; amendment requiring data 5 1,833
submission. (4) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 16. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B614 155 Pre-application; Conditional Ruling on 3 3,627
rationales for addressing a data
requirement in lieu of data;
applicant-initiated; applies to one
(1) rationale at a time.
----------------------------------------------------------------------------------------------------------------
B682 156 Protocol review; applicant initiated; 3 3,487
excludes time for Human Studies
Review Board review (Includes
rebuttal of protocol review).
----------------------------------------------------------------------------------------------------------------
B616 157 Pre-application; Conditional Ruling on 5 4,715
(new) a non-food use determination.
----------------------------------------------------------------------------------------------------------------
B617 158 Pre-application; biochemical 5 4,715
(new) classification determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
``TABLE 17. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- PLANT-INCORPORATED PROTECTANTS (PIP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B740 159 Experimental Use Permit application; 9 137,198
no petition for tolerance/tolerance
exemption; includes:
1. non-food/feed use(s) for a new (2)
or registered (3) PIP (12);
2. food/feed use(s) for a new or
registered PIP with crop destruct;
3. food/feed use(s) for a new or
registered PIP in which an
established tolerance/tolerance
exemption exists for the intended
use(s). (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
B750 160 Experimental Use Permit application; 12 182,927
with a petition to establish a
temporary or permanent tolerance/
tolerance exemption for the active
ingredient. Includes new food/feed
use for a registered (3) PIP. (4)
(12)
----------------------------------------------------------------------------------------------------------------
B771 161 Experimental Use Permit application; 13 182,927
new (2) PIP; with petition to
establish a temporary tolerance/
tolerance exemption for the active
ingredient; credit 75% of B771 fee
toward registration application for a
new active ingredient that follows.
(5) (12)
----------------------------------------------------------------------------------------------------------------
B772 162 Application to amend or extend a PIP 3 18,296
Experimental Use Permit; no petition
since the established tolerance/
tolerance exemption for the active
ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
B773 163 Application to amend or extend a PIP 9 45,737
Experimental Use Permit; with
petition to extend a temporary
tolerance/tolerance exemption for the
active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
B780 164 Registration application; new (2) PIP; 16 228,657
non-food/feed or food/feed without
tolerance petition based on an
existing permanent tolerance
exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B800 165 Registration application; new (2) PIP; 17 246,949
with petition to establish permanent
tolerance/tolerance exemption for the
active ingredient based on an
existing temporary tolerance/
tolerance exemption. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B820 166 Registration application; new (2) PIP; 19 292,682
with petition to establish or amend a
permanent tolerance/tolerance
exemption of an active ingredient.
(5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B851 167 Registration application; new event of 9 182,927
a previously registered PIP active
ingredient(s); no petition since
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (12)
----------------------------------------------------------------------------------------------------------------
B870 168 Registration application; registered 9 54,881
(3) PIP; new product; new use; no
petition since a permanent tolerance/
tolerance exemption is already
established for the active
ingredient(s). (4) (12) (14)
----------------------------------------------------------------------------------------------------------------
B880 169 Registration application; registered 9 45,737
(3) PIP; new product or new terms of
registration; additional data
submitted; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (5) (6) (7)
(12) (14)
----------------------------------------------------------------------------------------------------------------
B883 170 Registration application; new (2) PIP, 13 182,927
seed increase with negotiated acreage
cap and time-limited registration;
with petition to establish a
permanent tolerance/tolerance
exemption for the active ingredient
based on an existing temporary
tolerance/tolerance exemption. (5)
(8) (12) (14)
----------------------------------------------------------------------------------------------------------------
B884 171 Registration application; new (2) PIP, 19 228,657
seed increase with negotiated acreage
cap and time-limited registration;
with petition to establish a
permanent tolerance/tolerance
exemption for the active ingredient.
(5) (8) (12) (14)
----------------------------------------------------------------------------------------------------------------
B885 172 Registration application; registered 6 45,737
(2) PIP, seed increase; breeding
stack of previously approved PIPs,
same crop; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (9) (12)
----------------------------------------------------------------------------------------------------------------
B890 173 Application to amend a seed increase 9 91,465
registration; converts registration
to commercial registration; no
petition since permanent tolerance/
tolerance exemption is already
established for the active
ingredient(s). (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B900 174 Application to amend a registration, 6 18,296
including actions such as modifying
an IRM plan, or adding an insect to
be controlled. (5) (10) (11) (12)
----------------------------------------------------------------------------------------------------------------
B902 175 PIP Protocol review. 3 9,151
----------------------------------------------------------------------------------------------------------------
B903 176 Inert ingredient permanent tolerance 12 91,465
exemption; e.g., a marker such as NPT
II; reviewed in BPPD.
----------------------------------------------------------------------------------------------------------------
B904 177 Import tolerance or tolerance 12 182,927
exemption; processed commodities/food
only (inert or active ingredient).
----------------------------------------------------------------------------------------------------------------
B905 178 FIFRA Scientific Advisory Panel 6 91,465
Review.
----------------------------------------------------------------------------------------------------------------
B906 179 Petition to establish a temporary 9 45,733
tolerance/tolerance exemption for one
or more active ingredients.
----------------------------------------------------------------------------------------------------------------
B907 180 Petition to establish a permanent 9 18,296
tolerance/tolerance exemption for one
or more active ingredients based on
an existing temporary tolerance/
tolerance exemption.
----------------------------------------------------------------------------------------------------------------
B909 181 PIP tolerance exemption determination; 6 18,296
(new) applicant-initiated; request to
determine if an existing tolerance
exemption applies to a PIP.
----------------------------------------------------------------------------------------------------------------
B910 182 Biotechnology Notification for small- 3 9,151
(new) scale field testing of genetically
engineered microbes.
----------------------------------------------------------------------------------------------------------------
B921 183 Experimental Use Permit application; 12 182,927
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
non-food/feed. This category would
cover substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B921 fee toward
registration application for the new
active ingredient that follows
(B922). (5) (12) (13)
----------------------------------------------------------------------------------------------------------------
B922 184 Registration application; new active 16 228,657
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); non-food/feed. This
category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B923 185 Experimental Use Permit application; 15 228,658
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
with petition to establish a
temporary or permanent tolerance/
tolerance exemption of an active
ingredient. This category would cover
substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B923 fee toward
registration application for the new
active ingredient that follows
(B924). (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B924 186 Registration application; new active 19 292,682
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); with petition to establish
a permanent tolerance/tolerance
exemption of an active ingredient.
This category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B925 187 Experimental Use Permit application; 11 27,452
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; non-food/feed; credit 75%
of B925 fee toward registration
application for the new active
ingredient that follows (B926). (5)
(12)
----------------------------------------------------------------------------------------------------------------
B926 188 Registration application; new active 17 82,329
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; non-food/feed. (5)
(12) (14)
----------------------------------------------------------------------------------------------------------------
B927 189 Experimental Use Permit application; 14 54,889
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; with petition to establish
a temporary or permanent tolerance/
tolerance exemption of an active
ingredient; credit 75% of B927 fee
toward registration application for
the new active ingredient that
follows (B928). (5) (12)
----------------------------------------------------------------------------------------------------------------
B928 190 Registration application; new active 22 137,210
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; with petition to
establish a permanent tolerance/
tolerance exemption of an active
ingredient. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B929 191 Registration application; new product, 10 7,322
(new) registered active ingredient;
exogenous applications of RNA to
elicit the RNA interference pathway
in pests; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (5) (12)
----------------------------------------------------------------------------------------------------------------
B930 192 Application to amend or extend a non- 3 18,296
(new) PIP Emerging Technologies
Experimental Use Permit; no petition
since the established tolerance/
tolerance exemption for the active
ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
B931 193 Application to amend or extend a non- 9 45,737
(new) PIP Emerging Technologies
Experimental Use Permit; with
petition to extend a temporary
tolerance/tolerance exemption for the
active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
B932 194 Amendment; application to amend a non- 6 18,296
(new) PIP Emerging Technologies
registration. (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) `New PIP' means a PIP with an active ingredient that has not been registered.
(3) `Registered PIP' means a PIP with an active ingredient that is currently registered.
(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to
sweet corn.
(5) If, during review of the application, it is determined that review by the FIFRA Scientific Advisory Panel
(SAP) is needed, the applicant will submit an application for category B905, which will be processed
concurrently, and the decision review time for both applications will be the longer of the two associated
applications. The scientific data involved in this category are complex. EPA often seeks technical advice from
the SAP on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non-target species,
insect resistance, and novel scientific issues surrounding new technologies. The scientists of the SAP neither
make nor recommend policy decisions. They provide advice on the science used to make these decisions. Their
advice is invaluable to the EPA as it strives to protect humans and the environment from risks posed by
pesticides. Due to the time it takes to schedule and prepare for meetings with the SAP, additional time and
costs are needed.
(6) Registered PIPs stacked through conventional breeding.
(7) Deployment of a registered PIP with a different Insecticide Resistance Management (IRM) plan (e.g., seed
blend).
(8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure,
risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal
substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type
of non-target organism data submitted and the lack of insect resistance management data, which is usually not
required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission
of a registration application in this category.
(9) Application can be submitted prior to or concurrently with an application for commercial registration.
(10) For example, IRM plan modifications that are applicant-initiated.
(11) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(12) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(13) This category does not include genetic modifications in animals not intended for use as a pesticide, e.g.,
genetic modifications in animals intended for food use or animals intended for use as companion animals.
(14) If the Administrator determines that endangered species analysis is required for this action, using
guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time
can be extended for endangered species assessment one time only for up to 50%, upon written notification to
the applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 18. -- INERT INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
I001 195 Approval of new food use inert 15 38,698
ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
I002 196 Amend currently approved inert 13 10,750
ingredient tolerance or exemption
from tolerance; new data. (2)
----------------------------------------------------------------------------------------------------------------
I003 197 Amend currently approved inert 11 4,742
ingredient tolerance or exemption
from tolerance; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I004 198 Approval of new non-food use inert 6 15,803
ingredient. (2)
----------------------------------------------------------------------------------------------------------------
I005 199 Amend currently approved non-food use 6 7,903
inert ingredient with new use
pattern; new data. (2)
----------------------------------------------------------------------------------------------------------------
I006 200 Amend currently approved non-food use 4 4,742
inert ingredient with new use
pattern; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I007 201 Approval of substantially similar non- 5 2,371
food use inert ingredients when
original inert is compositionally
similar with similar use pattern. (2)
----------------------------------------------------------------------------------------------------------------
I008 202 Approval of new or amended polymer 7 5,374
inert ingredient, food use. (2)
----------------------------------------------------------------------------------------------------------------
I009 203 Approval of new or amended polymer 4 4,427
inert ingredient, non-food use. (2)
----------------------------------------------------------------------------------------------------------------
I010 204 Petition to amend a single tolerance 7 2,371
exemption descriptor, or single non-
food use descriptor, to add 10
CASRNs; no new data. (2)
----------------------------------------------------------------------------------------------------------------
I011 205 Approval of new food use safener with 26 856,631
tolerance or exemption from
tolerance. (2)
----------------------------------------------------------------------------------------------------------------
I012 206 Approval of new non-food use safener. 21 595,147
(2)
----------------------------------------------------------------------------------------------------------------
I013 207 Approval of additional food use for 17 90,260
previously approved safener with
tolerance or exemption from
tolerance. (2)
----------------------------------------------------------------------------------------------------------------
I014 208 Approval of additional non-food use 15 36,074
for previously approved safener. (2)
----------------------------------------------------------------------------------------------------------------
I015 209 Approval of new generic data for 26 386,589
previously approved food use safener.
(2)
----------------------------------------------------------------------------------------------------------------
I016 210 Approval of amendment(s) to tolerance 15 79,942
and label for previously approved
safener. (2)
----------------------------------------------------------------------------------------------------------------
I017 211 (new) Add new source of previously approved 8 18,958
safener.
----------------------------------------------------------------------------------------------------------------
I018 212 (new) Petition to add one approved inert 3 2,371
ingredient (CASRN) to the Commodity
Inert Ingredient List; no data. (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
previously subject to such a clearance, then review of the data for such clearance of such product is not
subject to a registration service fee for the tolerance action for two years from the effective date of the
rule.
(4) Due to low fee and short time frame this category is not eligible for small business waivers.
``TABLE 19. -- EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
M001 213 Study protocol requiring Human Studies 14 11,378
Review Board review as defined in 40
CFR Part 26 in support of a currently
registered active ingredient.
----------------------------------------------------------------------------------------------------------------
M002 214 Completed study requiring Human 14 11,378
Studies Review Board review as
defined in 40 CFR Part 26 in support
of an active ingredient. (2)
----------------------------------------------------------------------------------------------------------------
M003 215 External technical peer review of new 12 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of less than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
.ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M004 216 External technical peer review of new 18 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of greater than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M005 217 New Product: Combination, Contains a 9 31,604
combination of active ingredients
from a registered and/or unregistered
source; conventional, antimicrobial
and/or biopesticide. Requires
coordination with other regulatory
divisions to conduct review of data,
label and/or verify the validity of
existing data as cited. Only existing
uses for each active ingredient in
the combination product. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
M006 218 Request for up to 5 letters of 1 398
certification (Gold Seal) for one
actively registered product (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M007 219 Request to extend Exclusive Use of 12 7,903
data as provided by FIFRA Section
3(c)(1)(F)(ii).
----------------------------------------------------------------------------------------------------------------
M008 220 Request to grant Exclusive Use of data 15 2,371
as provided by FIFRA Section
3(c)(1)(F)(vi) for a minor use, when
a FIFRA Section 2(ll)(2)
determination is required.
----------------------------------------------------------------------------------------------------------------
M009 221 Non-FIFRA Regulated Determination; 6 3,389
applicant-initiated, per product.
----------------------------------------------------------------------------------------------------------------
M010 222 Conditional ruling on pre-application, 4 3,389
product substantial similarity.
----------------------------------------------------------------------------------------------------------------
M011 223 Label amendment to add the DfE logo; 4 5,230
requires data review; no other label
changes. (8)
----------------------------------------------------------------------------------------------------------------
M012 224 (new) Request for up to 5 letters of 1 398
certification (Certificate of
Establishment) for one actively
registered product or one product
produced for export (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M013 225 (new) Cancer reassessment; applicant- 18 284,144
initiated.
----------------------------------------------------------------------------------------------------------------
M014 227 (new) Pre-application nano-particle 8 17,424
determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) Any other covered application that is associated with and dependent on the review by the Human Studies
Review Board will be subject to its separate registration service fee. The decision review times for the
associated actions run concurrently, but will end at the date of the latest review time.
(3) Any other covered application that is associated with and dependent on the FIFRA Scientific Advisory Panel
review will be subject to its separate registration service fee. The decision review time for the associated
action will be extended by the decision review time for the SAP review.
(4) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(5) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) Due to low fee and short time frame this category is not eligible for small business waivers.
(8) This category includes amendments the sole purpose of which is to add `Design for the Environment' (DfE) (or
equivalent terms that do not use `safe' or derivatives of `safe') logos to a label. DfE is a voluntary
program. A label bearing a DfE logo is not considered an Agency endorsement because the ingredients in the
qualifying product must meet objective, scientific criteria established and widely publicized by EPA.''.
''.SEC. 707. INFORMATION.
Not later than 180 days after the date of enactment of this title,
the Administrator of the Environmental Protection Agency shall post on
a single webpage of the website of the Environmental Protection Agency
aggregated information on pesticide regulation under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
including--
(1) all guidance relating to risk assessment, risk mitigation,
benefits assessments, and cost-benefit balancing;
(2) hyperlinks to resources, including the Department of
Agriculture's ``national list of allowed and prohibited
substances'' for organic crop and livestock production;
(3) biopesticides and pesticides exempt pursuant to section
25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w(b)); and
(4) integrated pest management principles developed under
section 28(c) of such Act (7 U.S.C. 136w-3(c)), including technical
assistance for implementation of those principles.
SEC. 708. IMPLEMENTATION DATES WITH RESPECT TO FEES.
(a) Fee Increases.--
(1) Registration service fees.--With respect to amendments made
by this title to increase registration service fees specified in
section 33 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w-8), such increases shall not be effective until
the date that is 60 days after the date of the enactment of this
title, regardless of whether such section 33 specifies (as so
amended) that such increases are effective for fiscal year 2023.
(2) Maintenance fees.--With respect to amendments made by this
title to increase the amount of maintenance fees to be collected
under section 4(i) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(i)), such increases shall be
effective beginning on October 1, 2022.
(b) Set-asides.--With respect to any set-asides specified in
subsection (i) or (k) of section 4 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1), such set-asides shall
be effective beginning on October 1, 2022.
Subtitle B--Other Matters Relating to Pesticides
SEC. 711. REGISTRATION REVIEW DEADLINE EXTENSION.
(a) In General.--Notwithstanding section 3(g)(1)(A)(iii)(I) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(g)(1)(A)(iii)(I)), the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall complete the initial registration review of
each pesticide or pesticide case covered by that section not later than
October 1, 2026.
(b) Interim Registration Review Decision Requirements.--
(1) Definition of covered interim registration review
decision.--In this subsection, the term ``covered interim
registration review decision'' means an interim registration review
decision--
(A) that is associated with an initial registration review
described in subsection (a);
(B) that is noticed in the Federal Register during the
period beginning on the date of enactment of this Act and
ending on October 1, 2026; and
(C) for which the Administrator has not, as of the date on
which the decision is noticed in the Federal Register, made
effects determinations or completed any necessary consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)).
(2) Requirements.--Any covered interim registration review
decision shall include, where applicable, measures to reduce the
effects of the applicable pesticide on--
(A) species listed under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
(B) any designated critical habitat.
(3) Consultation.--In developing measures described in
paragraph (2), the Administrator shall take into account the input
received from the Secretary of Agriculture and other members of the
interagency working group established under section 3(c)(11) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(c)(11)).
DIVISION II--PREGNANT WORKERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Pregnant Workers Fairness
Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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)).
SEC. 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.
SEC. 109. EFFECTIVE DATE.
This division shall take effect on the date that is 180 days after
the date of enactment of this Act.
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
TITLE I--NORTH ATLANTIC RIGHT WHALES AND REGULATIONS
SEC. 101. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
(a) In General.--Notwithstanding any other provision of law except
as provided in subsection (b), for the period beginning on the date of
enactment of this Act and ending on December 31, 2028, the Final Rule
amending the regulations implementing the Atlantic Large Whale Take
Reduction Plan (86 Fed. Reg. 51970) shall be deemed sufficient to
ensure that the continued Federal and State authorizations of the
American lobster and Jonah crab fisheries are in full compliance with
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The
National Marine Fisheries Service shall--
(1) throughout the period described in the preceding sentence,
in consultation with affected States and fishing industry
participants, promote the innovation and adoption of gear
technologies in the fisheries described in the preceding sentence,
in order to implement additional whale protection measures by
December 31, 2028;
(2) promulgate new regulations for the American lobster and
Jonah crab fisheries consistent with the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) that take effect by December 31,
2028, utilizing existing and innovative gear technologies, as
appropriate; and
(3) in consultation with affected States, submit an annual
report to Congress on the status of North Atlantic Right Whales,
the actions taken and plans to implement measures expected to not
exceed Potential Biological Removal by December 31, 2028, the
amount of serious injury and mortality by fishery and country, and
the proportion of the American lobster and Jonah crab fisheries
that have transitioned to innovative gear technologies that reduce
harm to the North Atlantic Right Whale.
(b) Exception.--The provisions of subsection (a) shall not apply to
an existing emergency rule, or any action taken to extend or make final
an emergency rule that is in place on the date of enactment of this
Act, affecting lobster and Jonah crab.
TITLE II--GRANT AUTHORITY
SEC. 201. CONSERVATION AND MITIGATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, acting through
the Under Secretary of Commerce for Oceans and Atmosphere (in this
title referred to as the ``Under Secretary'') shall establish a
program to provide competitive financial assistance, on an annual
basis, and cooperative agreements including multiyear grants and
direct payment, to eligible entities for eligible uses, such as
projects designed to reduce the lethal and sub-lethal effects of
human activities on North Atlantic right whales.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.).
(3) Cooperative agreements.--The Under Secretary may enter into
cooperative agreements with the National Fish and Wildlife
Foundation established by the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.) to carry out this title.
(b) Eligible Entities.--An entity is an eligible entity for
purposes of assistance awarded under subsection (a) if the entity is--
(1) a relevant port authority for a port;
(2) a relevant State, regional, local, or Tribal government;
(3) any other individual or entity, as determined appropriate
by the Under Secretary, including--
(A) an owner or operator of a vessel, as defined under
section 3 of title 1, United States Code; and
(B) participants within sectors of the maritime industry,
such as boating, shipping, fishing, fishing gear and rope
manufacturing, and other maritime activities;
(4) a nonprofit organization or research institution with
expertise in commercial fisheries, gear innovation, and North
Atlantic right whale conservation; or
(5) a consortium of entities described in paragraphs (1)
through (4).
(c) Eligible Uses.--Assistance awarded under subsection (a) may be
used to develop, assess, and carry out activities that reduce human
induced threats to North Atlantic right whales, including--
(1) funding research to identify, deploy, or test innovative
gear technologies;
(2) subsidizing acquisition of innovative gear technologies to
improve adoption of those technologies by fisheries participants,
which may include direct payment to fisheries participants;
(3) training for fisheries participants to improve deployment,
safety, and adoption of innovative gear technologies;
(4) funding for monitoring necessary to support dynamic
management of fisheries, vessel traffic, or other needs; and
(5) other uses as determined by the Under Secretary in
consultation with relevant eligible entities.
(d) Priority.--In determining whether to fund project proposals
under this section, the Under Secretary shall prioritize projects--
(1) with a substantial likelihood of reducing lethal and sub-
lethal effects on North Atlantic right whales from fishing gear
entanglements or vessel collisions;
(2) that include cooperation with fishing industry participants
or other private sector stakeholders; and
(3) that demonstrate, or have the potential to provide,
economic benefits to small businesses based in the United States.
(e) Prohibited Uses.--
(1) In general.--Except as provided in paragraph (2), funds
awarded under this section may not be used to distribute resources
to an entity or individual that is not a United States person (as
defined in section 7701(a)(3) of the Internal Revenue Code of
1986).
(2) Exception.--Funds awarded under this section may be used to
distribute resources to a partnership that includes an entity or
individual that is not a United States person (as defined in
section 7701(a)(30) of the Internal Revenue Code of 1986) if the
resources are distributed directly to a partner in the partnership
that is a United States person (as so defined).
(f) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to the
Under Secretary periodic reports (at such intervals as the Under
Secretary may require) that include all information that the Under
Secretary, after consultation with other government officials,
determines is necessary to evaluate the progress and success of the
project for the purposes of ensuring positive results, assessing
problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph (1)
shall be made available to the public in a timely manner.
SEC. 202. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every 5 years thereafter, the Under Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of Representatives a
report on the results and effectiveness of projects receiving
assistance provided under this title.
SEC. 203. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated to
the Under Secretary to carry out this title $50,000,000 (of which
not less than $40,000,000 shall be for innovative gear deployment
and technology) for each of fiscal years 2023 through 2032.
(2) Administrative expenses.--Of the amounts authorized to be
appropriated under this subsection for a fiscal year, the Under
Secretary may expend not more than 5 percent, or up to $80,000,
whichever is greater, to pay the administrative expenses necessary
to carry out this title.
(b) Acceptance and Use of Donations.--The Under Secretary may
accept, receive, solicit, hold, administer, and use any gift, devise,
or bequest, consistent with policy of the Department of Commerce in
effect on the date of enactment of this Act, to provide assistance
under section 201.
TITLE III--CONTINUOUS PLANKTON RECORDER
SEC. 301. SURVEY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter, the
Secretary of Commerce shall conduct a Continuous Plankton Recorder
survey.
(b) Required Elements.--For the purpose of conducting the survey
required under subsection (a), the Northeast Fisheries Science Center
shall--
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions,
nonprofit organizations, commercial vessels, and other Federal
agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
(3) prioritize the collection of plankton samples and data that
inform the conservation of North Atlantic right whales; and
(4) to the extent practicable, coordinate with the Government
of Canada to develop a transboundary understanding of plankton
abundance and distribution.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Secretary of Commerce
$300,000 for each of fiscal years 2023 through 2032, which shall be
derived from existing funds otherwise appropriated to the Secretary.
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
SEC. 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''.
SEC. 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:
``SEC. 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.''.
SEC. 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).
DIVISION LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
SEC. 101. SHORT TITLE.
This division may be cited as the ``State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster Relief
Flexibility Act''.
SEC. 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.
SEC. 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.''.
SEC. 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.
SEC. 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:
``SEC. 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).''.
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.