[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7313-S7785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 6544. Mr. SCHATZ proposed an amendment to the bill S. 1402, to 
amend the Native American Languages Act to ensure the survival and 
continuing vitality of Native American languages, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Durbin Feeling Native 
     American Languages Act of 2022''.

     SEC. 2. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF 
                   NATIVE AMERICAN LANGUAGES.

       (a) In General.--Section 106 of the Native American 
     Languages Act (25 U.S.C. 2905) is amended by adding at the 
     end the following:
       ``(c) Evaluation; Report.--Not later than 1 year after the 
     date of enactment of this subsection, the President shall--
       ``(1) require the heads of the various Federal departments, 
     agencies, and instrumentalities to carry out an evaluation 
     described in subsection (a)(1); and
       ``(2) submit to Congress a report that describes--
       ``(A) the results of the evaluations; and
       ``(B) the recommendations of the Secretary of the Interior, 
     the Secretary of Health and Human Services, and the Secretary 
     of Education, after consultation with Indian tribes, 
     traditional leaders, and representatives of Native American 
     language communities, for amendments to Federal laws that are 
     needed--
       ``(i) to bring the Federal laws into compliance with this 
     Act;
       ``(ii) to improve interagency coordination for purposes of 
     supporting revitalization, maintenance, and use of Native 
     American languages; and
       ``(iii) to reduce duplication, inefficiencies, and barriers 
     Native American language communities face in accessing 
     Federal programs to support efforts to revitalize, maintain, 
     or increase the use of Native American languages.''.
       (b) Survey on Native American Languages.--The Native 
     American Languages Act (25 U.S.C. 2901 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 108. SURVEY ON NATIVE AMERICAN LANGUAGES.

       ``(a) In General.--Not later than 18 months after the date 
     of enactment of this section, and every 5 years thereafter, 
     the Secretary of Health and Human Services, acting through 
     the Commissioner of the Administration for Native Americans 
     (referred to in this section as the `Secretary'), shall 
     undertake a survey of the use of all Native American 
     languages in the United States.
       ``(b) Updates.--Prior to conducting each subsequent survey 
     after the initial survey under subsection (a), the Secretary 
     shall update the survey in accordance with this section.
       ``(c) Consultation Required.--The Secretary shall design 
     the initial survey under subsection (a) and each updated 
     survey under subsection (b)--
       ``(1) in consultation with Indian tribes; and
       ``(2) after considering feedback received from Native 
     American language speakers and experts.
       ``(d) Contents.--Each survey under subsection (a) shall 
     solicit--
       ``(1) information on which Native American languages are 
     currently spoken;
       ``(2) estimates of the number of speakers of each Native 
     American language;
       ``(3) any language usage statistics or information that the 
     Secretary, in consultation with Indian tribes and Native 
     American language speakers and experts, determines to be 
     relevant and appropriate;
       ``(4) information on the types of Native American language 
     maintenance and revitalization projects and practices that 
     are currently being carried out;
       ``(5) information on any unmet Native American language 
     resource needs of Indian tribes and Native American language 
     communities; and
       ``(6) any other information that the Secretary, in 
     consultation with Indian tribes and Native American language 
     speakers and experts, determines to be necessary.
       ``(e) Coordination.--The Secretary may coordinate, and 
     enter into cooperative agreements with, the Director of the 
     Bureau of the Census for the purposes of carrying out this 
     section.
       ``(f) Outreach and Engagement.--
       ``(1) In general.--The Secretary shall carry out outreach 
     and engagement activities to provide Indian tribes, Native 
     American language communities, and the public information 
     about--
       ``(A) opportunities to provide input on the development and 
     design of each survey under subsection (a), including 
     information on the consultations required under subsection 
     (c);
       ``(B) the goals and purpose of the surveys conducted under 
     subsection (a); and
       ``(C) the benefits and importance of participation in 
     surveys under subsection (a).
       ``(2) Grants, contracts, and cooperative agreements 
     authorized.--The Secretary may carry out the outreach and 
     engagement activities required under paragraph (1)--
       ``(A) directly;
       ``(B) in partnership with the Bureau of the Census; or
       ``(C) through grants to, or contracts or cooperative 
     agreements with--
       ``(i) Indian tribes;
       ``(ii) tribal organizations; and
       ``(iii) nonprofit organizations that work with Indian 
     tribes, Native American language programs, and Native 
     American language communities.
       ``(g) Limitation.--Nothing in this section requires an 
     Indian tribe, Native American language community, or Native 
     American language speaker--
       ``(1) to participate in a survey under subsection (a); or

[[Page S7314]]

       ``(2) to provide specific or culturally sensitive 
     information in completing such a survey.
       ``(h) Availability of Survey Materials and Findings.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, and prior to conducting each 
     survey under subsection (a), the Secretary shall submit to 
     the Committee on Indian Affairs of the Senate and the 
     Committees on Education and Labor and Natural Resources of 
     the House of Representatives, and make publicly available, a 
     description of--
       ``(A) the feedback received under subsection (c) on the 
     design of the survey;
       ``(B) the form and content of the survey;
       ``(C) the plan for deploying the survey to ensure a robust 
     response; and
       ``(D) how the Secretary will ensure any survey enumeration 
     efforts are culturally informed and appropriate.
       ``(2) Results.--Not later than 90 days after the date on 
     which analysis of each survey under subsection (a) is 
     completed, the Secretary shall submit to the Committee on 
     Indian Affairs of the Senate and the Committees on Education 
     and Labor and Natural Resources of the House of 
     Representatives, and make publicly available, the results of 
     the survey.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     each fiscal year--
       ``(1) preceding a fiscal year during which a survey under 
     subsection (a) is conducted; and
       ``(2) during which a survey under that subsection is 
     conducted.''.
                                 ______
                                 
  SA 6545. Mr. SCHATZ proposed an amendment to the bill S. 989, to 
establish a Native American language resource center in furtherance of 
the policy set forth in the Native American Languages Act; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Language 
     Resource Center Act of 2022''.

     SEC. 2. NATIVE AMERICAN LANGUAGE RESOURCE CENTERS.

       (a) Purpose.--The purpose of this Act is to further align 
     the resources provided by the Department of Education with 
     the policies set forth in the Native American Languages Act 
     (25 U.S.C. 2901 et seq.) through establishment of a program 
     within the Department of Education to support 1 or more 
     Native American language resource centers.
       (b) In General.--The Secretary of Education is authorized 
     to make a grant to, or enter into a contract with, an 
     eligible entity for the purpose of--
       (1) establishing, strengthening, and operating a Native 
     American language resource center; and
       (2) staffing the center with individuals with relevant 
     expertise and experience, including staff who speak American 
     Indian and Alaska Native languages and the Native Hawaiian 
     language and have worked in language education in the 
     American Indian and Alaska Native languages and the Native 
     Hawaiian language in a preschool, elementary school, 
     secondary school, adult education, or higher education 
     program.
       (c) Authorized Activities.--The Native American language 
     resource center established under subsection (b) shall carry 
     out activities to--
       (1) improve the capacity to teach and learn Native American 
     languages;
       (2) further Native American language use and acquisition;
       (3) preserve, protect, and promote the rights and freedom 
     of Native Americans to use, practice, and develop Native 
     American languages in furtherance of--
       (A) the policies set forth in the Native American Languages 
     Act (25 U.S.C. 2901 et seq.); and
       (B) the United States trust responsibility to Native 
     American communities;
       (4) address the effects of past discrimination and ongoing 
     inequities experienced by Native American language speakers;
       (5) support the revitalization and reclamation of Native 
     American languages; and
       (6) support the use of Native American languages as a 
     medium of instruction for a wide variety of age levels, 
     academic content areas, and types of schools, including 
     Native American language medium education.
       (d) Additional Authorized Activities.--The Native American 
     language resource center established under subsection (b) may 
     also carry out activities--
       (1) to encourage and support the use of Native American 
     languages within educational systems in the same manner as 
     other world languages, including by encouraging State 
     educational agencies, local educational agencies, and 
     institutions of higher education to offer Native American 
     language courses the same full academic credit as courses in 
     other world languages;
       (2) to support the development, adoption, and use of 
     educational outcome metrics aligned with the Native American 
     language of instruction, including assessments, 
     qualifications, and processes based on promising practices in 
     Native American language medium education;
       (3) to provide assistance to Native American language 
     programs seeking Federal resources;
       (4) to encourage and support teacher preparation programs 
     that prepare teachers to teach Native American languages and 
     to use Native American languages as a medium of instruction, 
     including by disseminating promising practices and developing 
     pedagogical programming and through appropriate alternative 
     pathways to teacher certification;
       (5) to provide information and resources--
       (A) on promising practices in the use and revitalization of 
     Native American languages in Native American communities, 
     including use in educational institutions; and
       (B) for the use of technology in school and community-based 
     Native American language programs to support the retention, 
     use, and teaching of Native American languages;
       (6) to support the use of distance learning technologies 
     and training for parents, students, teachers, and learning 
     support staff associated with Native American language 
     programs, including--
       (A) the compilation and curation of digital libraries and 
     other online resources for Native American languages, except 
     that any materials collected by the center shall only be 
     materials provided by a Native American language program or 
     Native American community;
       (B) the development of optional distance learning curricula 
     appropriate for preschool, elementary school, secondary 
     school, adult education, and postsecondary education;
       (C) pedagogical training for Native American language 
     teachers; and
       (D) other efforts necessary to continue Native American 
     language acquisition through distance learning;
       (7) to provide technical assistance for Native American 
     communities and school systems to develop Native American 
     language medium education programs in preschool, elementary 
     school, secondary school, or adult education programs 
     conducted through the medium of Native American languages;
       (8) to support Native American language programs and Native 
     American communities in--
       (A) accessing international best practices, resources, and 
     research in indigenous language revitalization; and
       (B) gathering and sharing technical assistance, promising 
     practices, and experiences;
       (9) for the operation of intensive programs, including 
     summer institutes, to train Native American language 
     speakers, to provide professional development, and to improve 
     Native American language instruction through preservice and 
     in-service language training for teachers; and
       (10) that otherwise support the Native American language 
     resource center established under subsection (b) to carry out 
     the activities required in subsection (c).
       (e) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``local educational agency'', ``secondary school'', and 
     ``State educational agency'' have the meanings given the 
     terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education;
       (B) an entity within an institution of higher education 
     with dedicated expertise in Native American language and 
     culture education; or
       (C) a consortium that includes 1 or more institutions of 
     higher education or 1 or more entities described in 
     subparagraph (B).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (4) Native american; native american language.--The terms 
     ``Native American'' and ``Native American language'' have the 
     meanings given those terms in section 103 of the Native 
     American Languages Act (25 U.S.C. 2902).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, $3,000,000 for 
     each fiscal year.
                                 ______
                                 
  SA 6546. Mr. SCHATZ proposed an amendment to the bill S. 3168, to 
amend the White Mountain Apache Tribe Water Rights Quantification Act 
of 2010 to modify the enforceability date for certain provisions, and 
for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM.

       (a) Extension of Enforceability Date.--
       (1) In general.--Section 309(d)(2) of the White Mountain 
     Apache Tribe Water Rights Quantification Act of 2010 (Public 
     Law 111-291; 124 Stat. 3088; 133 Stat. 2669) is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``April 30, 2023'' and inserting ``December 30, 2027''; and
       (B) in subparagraph (A), by striking ``May 1, 2023'' and 
     inserting ``December 31, 2027''.
       (2) Conforming amendment.--Section 3(b)(2) of the White 
     Mountain Apache Tribe Rural Water System Loan Authorization 
     Act (Public Law 110-390; 122 Stat. 4191; 124 Stat. 3092) is 
     amended by striking ``beginning on'' and all that follows 
     through the period at the end and inserting ``beginning on 
     December 31, 2027.''.
       (b) Cost Indexing.--Section 312(c) of the White Mountain 
     Apache Tribe Water Rights Quantification Act of 2010 (Public 
     Law 111-291; 124 Stat. 3095) is amended by striking

[[Page S7315]]

     ``All amounts made available under'' and all that follows 
     through the period at the end and inserting the following:
       ``(1) White mountain apache tribe water rights settlement 
     subaccount.--All amounts made available under subsection (a) 
     shall be adjusted as necessary to reflect the changes since 
     October 1, 2007, in the construction cost indices applicable 
     to the types of construction involved in the construction of 
     the WMAT rural water system and the maintenance of the WMAT 
     rural water system.
       ``(2) WMAT settlement fund.--All amounts made available 
     under subsection (b)(2) shall be adjusted annually to reflect 
     the changes since October 1, 2007, in the construction cost 
     indices applicable to the types of construction involved in 
     the construction of the WMAT rural water system and the 
     maintenance of the WMAT rural water system.
       ``(3) WMAT maintenance fund.--All amounts made available 
     under subsection (b)(3) shall be adjusted on deposit to 
     reflect changes since October 1, 2007, in the Consumer Price 
     Index for All Urban Consumers West Urban 50,000 to 1,500,000 
     published by the Bureau of Labor Statistics.
       ``(4) WMAT cost overrun subaccount.--Of the amounts made 
     available under subsection (e)(2)--
       ``(A) $35,000,000 shall be adjusted as necessary to reflect 
     the changes since October 1, 2007, in the construction cost 
     indices applicable to the types of construction involved in 
     the construction of the WMAT rural water system and the 
     maintenance of the WMAT rural water system; and
       ``(B) additional funds, in excess of the amount referred to 
     in subparagraph (A), shall be adjusted as necessary to 
     reflect the changes since April 1, 2021, in the construction 
     cost indices applicable to the types of construction involved 
     in the construction of the WMAT rural water system and the 
     maintenance of the WMAT rural water system.
       ``(5) Construction costs adjustment.--The amounts made 
     available under subsections (a), (b)(2), and (e)(2) shall be 
     adjusted to address construction cost changes necessary to 
     account for unforeseen market volatility that may not 
     otherwise be captured by engineering cost indices, as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       ``(6) Prohibition.--Notwithstanding any other provision of 
     law, after the enforceability date, any increase in the 
     amounts appropriated under subsections (a)(1), (b)(3)(B), and 
     (e)(2)(A) because of cost indexing shall not be available 
     from funds in the Treasury not otherwise appropriated.
       ``(7) Authorization of appropriations.--There are 
     authorized to be appropriated funding for the purposes 
     provided in this subsection.''.
       (c) Funding for WMAT Cost Overrun Subaccount.--Section 
     312(e)(2)(B) of the White Mountain Apache Tribe Water Rights 
     Quantification Act of 2010 (Public Law 111-291; 124 Stat. 
     3095) is amended by striking ``$11,000,000'' and inserting 
     ``$541,000,000''.
       (d) Return to Treasury.--
       (1) In general.--Section 312(e)(4)(B) of the White Mountain 
     Apache Tribe Water Rights Quantification Act of 2010 (Public 
     Law 111-291; 124 Stat. 3096) is amended, in the matter 
     preceding clause (i), by striking ``shall be--'' and all that 
     follows through the period at the end of clause (ii) and 
     inserting ``shall be returned to the general fund of the 
     Treasury.''.
       (2) Conforming amendment.--Section 312(b)(2) of the White 
     Mountain Apache Tribe Water Rights Quantification Act of 2010 
     (Public Law 111-291; 124 Stat. 3093; 132 Stat. 1626) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Transfers to fund.--There is authorized to be 
     appropriated to the Secretary for deposit in the WMAT 
     Settlement Fund $78,500,000.''.
       (e) Conveyance of Title to Tribe.--Section 307(d)(2)(E) of 
     the White Mountain Apache Tribe Water Rights Quantification 
     Act of 2010 (Public Law 111-291; 124 Stat. 3082; 132 Stat. 
     1626) is amended, in the matter preceding clause (i), by 
     striking ``water system--'' and all that follows through the 
     period at the end of clause (ii)(II) and inserting ``water 
     system is substantially complete, as determined by the 
     Secretary in accordance with subsection (k).''.
       (f) Requirements for Determination of Substantial 
     Completion of the WMAT Rural Water System.--Section 307 of 
     the White Mountain Apache Tribe Water Rights Quantification 
     Act of 2010 (Public Law 111-291; 124 Stat. 3080; 132 Stat. 
     1626) is amended by adding at the end the following:
       ``(k) Requirements for Determination of Substantial 
     Completion of the WMAT Rural Water System.--The WMAT rural 
     water system shall be determined to be substantially complete 
     if--
       ``(1) the infrastructure constructed is capable of storing, 
     diverting, treating, transmitting, and distributing a supply 
     of water as set forth in the final project design described 
     in subsection (c); or
       ``(2) the Secretary--
       ``(A) expended all of the available funding provided to 
     construct the WMAT rural water system; and
       ``(B) despite diligent efforts, cannot complete 
     construction as described in the final project design 
     described in subsection (c) due solely to the lack of 
     additional authorized funding.''.
       (g) Requirement.--Section 310(b) of the White Mountain 
     Apache Tribe Water Rights Quantification Act of 2010 (Public 
     Law 111-291; 124 Stat. 3090) is amended by adding at the end 
     the following:
       ``(3) Expenditures.--If, before the enforceability date, 
     Federal funds are expended to carry out activities described 
     in subparagraph (A) or (C) of paragraph (2) in excess of the 
     amounts provided pursuant to the White Mountain Apache Tribe 
     Rural Water System Loan Authorization Act (Public Law 110-
     390; 122 Stat. 4191), such expenditures shall be accounted 
     for as White Mountain Apache Tribe Water Rights Settlement 
     Subaccount funds.''.
       (h) Enforceability Date Effectiveness.--Section 309(d)(1) 
     of the White Mountain Apache Tribe Water Rights 
     Quantification Act of 2010 (Public Law 111-291; 124 Stat. 
     3088; 133 Stat. 2669) is amended--
       (1) by redesignating subparagraphs (D) through (G) as 
     subparagraphs (E) through (H), respectively; and
       (2) by inserting after subparagraph (C) the following:
       ``(D) such amount, up to the amount made available under 
     section 312(e)(2), as the Secretary determines to be 
     necessary to construct the WMAT rural water system that is 
     capable of storing, diverting, treating, transmitting, and 
     distributing a supply of water as set forth in the final 
     project design described in section 307(c) has been deposited 
     in the WMAT Cost Overrun Subaccount;''.
       (i) Prohibition.--Section 312(e) of the White Mountain 
     Apache Tribe Water Rights Quantification Act of 2010 (Public 
     Law 111-291; 124 Stat. 3095) is amended by adding at the end 
     the following:
       ``(5) Prohibition.--Notwithstanding any other provision of 
     law, any amounts made available under paragraph (2)(B) shall 
     not be made available from--
       ``(A) the Indian Water Rights Settlement Completion Fund 
     established by section 70101(a) of the Infrastructure 
     Investment and Jobs Act (25 U.S.C. 149(a)); or
       ``(B) the Reclamation Water Settlements Fund established by 
     section 10501(a) of the Omnibus Public Land Management Act of 
     2009 (43 U.S.C. 407(a)).''.
       (j) Oversight and Accounting.--Section 312 of the White 
     Mountain Apache Tribe Water Rights Quantification Act of 2010 
     (Public Law 111-291; 124 Stat. 3093) is amended by adding at 
     the end the following:
       ``(h) Oversight and Accounting.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection and annually thereafter, the 
     Director of the Bureau shall submit to the Committee on 
     Indian Affairs of the Senate and the Committee on Natural 
     Resources of the House of Representatives an annual report 
     that describes all expenditures, during the year covered by 
     the report, from--
       ``(A) the WMAT Settlement Fund established by subsection 
     (b)(2)(A) and the WMAT Maintenance Fund established by 
     subsection (b)(3)(A) (referred to in this subsection as the 
     `Funds'); and
       ``(B) the WMAT Cost Overrun Subaccount established by 
     subsection (e)(1) (referred to in this subsection as the 
     `Subaccount').
       ``(2) Inclusions.--Each report under paragraph (1) shall 
     include, but not be limited to:
       ``(A) Progress and cost accounting on the planning, design 
     and construction of the Miner Flat Dam and any additional 
     water supply facilities resulting from expenditures from the 
     Funds and the Subaccount.
       ``(B) A cost accounting of the administrative expenses 
     related to activities resulting from expenditures from the 
     Funds and the Subaccount.
       ``(C) A cost accounting of the environmental regulatory and 
     economic process related to activities resulting from 
     expenditures from the Funds and the Subaccount.
       ``(D) A projection of such costs described in subparagraphs 
     (A), (B), and (C) for the next fiscal year and specific goals 
     and objectives for the next fiscal year.
       ``(E) Whether those projections and specific goals and 
     objectives have been met and any barriers encountered in the 
     last fiscal year.''.
                                 ______
                                 
  SA 6547. Mr. SCHATZ proposed an amendment to the bill S. 4104, to 
approve the settlement of water rights claims of the Hualapai Tribe and 
certain allottees in the State of Arizona, to authorize construction of 
a water project relating to those water rights claims, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hualapai Tribe Water Rights 
     Settlement Act of 2022''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to resolve, fully and finally, all claims to rights to 
     water in the State, including the Verde River, the Bill 
     Williams River, and the Colorado River, of--
       (A) the Hualapai Tribe, on behalf of the Hualapai Tribe and 
     the members of the Hualapai Tribe; and
       (B) the United States, acting as trustee for the Hualapai 
     Tribe, the members of the Hualapai Tribe, and the allottees;
       (2) to authorize, ratify, and confirm the Hualapai Tribe 
     water rights settlement agreement, to the extent that 
     agreement is consistent with this Act;
       (3) to authorize and direct the Secretary to execute and 
     perform the duties and obligations of the Secretary under the 
     Hualapai

[[Page S7316]]

     Tribe water rights settlement agreement and this Act; and
       (4) to authorize the appropriation of funds necessary to 
     carry out the Hualapai Tribe water rights settlement 
     agreement and this Act.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) 1947 judgment.--The term ``1947 Judgment'' means the 
     Judgment and the Stipulation and Agreement, including 
     exhibits to the Judgment and the Stipulation and Agreement, 
     entered on March 13, 1947, in United States v. Santa Fe Pac. 
     R.R. Co., No. E-190 (D. Ariz.) and attached to the Hualapai 
     Tribe water rights settlement agreement as Exhibit 3.1.1.
       (2) AFY.--The term ``AFY'' means acre-feet per year.
       (3) Allotment.--The term ``allotment'' means any of the 4 
     off-reservation parcels that are--
       (A) held in trust by the United States for individual 
     Indians in the Big Sandy River basin in Mohave County, 
     Arizona, under the patents numbered 1039995, 1039996, 
     1039997, and 1019494; and
       (B) identified as Parcels 1A, 1B, 1C, and 2 on the map 
     attached to the Hualapai Tribe water rights settlement 
     agreement as Exhibit 3.1.6.
       (4) Allottee.--The term ``allottee'' means any Indian owner 
     of an allotment.
       (5) Available cap supply.--The term ``available CAP 
     supply'' means, for any year--
       (A) all fourth priority water available for delivery 
     through the Central Arizona Project;
       (B) water available from Central Arizona Project dams and 
     reservoirs other than the Modified Roosevelt Dam; and
       (C) return flows captured by the Secretary for Central 
     Arizona Project use.
       (6) Bill williams act.--The term ``Bill Williams Act'' 
     means the Bill Williams River Water Rights Settlement Act of 
     2014 (Public Law 113-223; 128 Stat. 2096).
       (7) Bill williams agreements.--The term ``Bill Williams 
     agreements'' means the Amended and Restated Big Sandy River-
     Planet Ranch Water Rights Settlement Agreement and the 
     Amended and Restated Hualapai Tribe Bill Williams River Water 
     Rights Settlement Agreement, including all exhibits to each 
     agreement, copies of which (excluding exhibits) are attached 
     to the Hualapai Tribe water rights settlement agreement as 
     Exhibit 3.1.11.
       (8) Bill williams river phase 2 enforceability date.--The 
     term ``Bill Williams River Phase 2 Enforceability Date'' 
     means the date described in section 14(d).
       (9) Bill williams river phase 2 water rights settlement 
     agreement.--The term ``Bill Williams River phase 2 water 
     rights settlement agreement'' means the agreement of that 
     name that is attached to, and incorporated in, the Hualapai 
     Tribe water rights settlement agreement as Exhibit 4.3.3.
       (10) Cap contract.--The term ``CAP contract'' means a long-
     term contract (as defined in the CAP repayment stipulation) 
     with the United States for delivery of CAP water through the 
     CAP system.
       (11) Cap contractor.--
       (A) In general.--The term ``CAP contractor'' means a person 
     that has entered into a CAP contract.
       (B) Inclusion.--The term ``CAP contractor'' includes the 
     Hualapai Tribe.
       (12) Cap fixed om&r charge.--The term ``CAP fixed OM&R 
     charge'' has the meaning given the term ``Fixed OM&R Charge'' 
     in the CAP repayment stipulation.
       (13) Cap m&i priority water.--The term ``CAP M&I priority 
     water'' means water within the available CAP supply having a 
     municipal and industrial delivery priority.
       (14) Cap nia priority water.--The term ``CAP NIA priority 
     water'' means water within the available CAP supply having a 
     non-Indian agricultural delivery priority.
       (15) Cap operating agency.--The term ``CAP operating 
     agency'' means--
       (A) the 1 or more entities authorized to assume 
     responsibility for the care, operation, maintenance, and 
     replacement of the CAP system; and
       (B) as of the date of enactment of this Act, the Central 
     Arizona Water Conservation District.
       (16) Cap pumping energy charge.--The term ``CAP pumping 
     energy charge'' has the meaning given the term ``Pumping 
     Energy Charge'' in the CAP repayment stipulation.
       (17) Cap repayment contract.--The term ``CAP repayment 
     contract'' means--
       (A) the contract dated December 1, 1988 (Contract No. 14-
     06-W-245, Amendment No. 1), between the United States and the 
     Central Arizona Water Conservation District for the Delivery 
     of Water and Repayment of Costs of the Central Arizona 
     Project; and
       (B) any amendment to, or revision of, that contract.
       (18) Cap repayment stipulation.--The term ``CAP repayment 
     stipulation'' means the Stipulated Judgment and the 
     Stipulation for Judgment, including any exhibits to those 
     documents, entered on November 21, 2007, in the United States 
     District Court for the District of Arizona in the 
     consolidated civil action Central Arizona Water Conservation 
     District v. United States, numbered CIV 95-625-TUC-WDB (EHC) 
     and CIV 95-1720-PHX-EHC.
       (19) Cap subcontract.--The term ``CAP subcontract'' means a 
     long-term subcontract (as defined in the CAP repayment 
     stipulation) with the United States and the Central Arizona 
     Water Conservation District for the delivery of CAP water 
     through the CAP system.
       (20) Cap subcontractor.--The term ``CAP subcontractor'' 
     means a person that has entered into a CAP subcontract.
       (21) Cap system.--The term ``CAP system'' means--
       (A) the Mark Wilmer Pumping Plant;
       (B) the Hayden-Rhodes Aqueduct;
       (C) the Fannin-McFarland Aqueduct;
       (D) the Tucson Aqueduct;
       (E) any pumping plant or appurtenant work of a feature 
     described in subparagraph (A), (B), (C), or (D); and
       (F) any extension of, addition to, or replacement for a 
     feature described in subparagraph (A), (B), (C), (D), or (E).
       (22) Cap water.--The term ``CAP water'' has the meaning 
     given the term ``Project Water'' in the CAP repayment 
     stipulation.
       (23) Central arizona project.--The term ``Central Arizona 
     Project'' means the reclamation project authorized and 
     constructed by the United States in accordance with title III 
     of the Colorado River Basin Project Act (43 U.S.C. 1521 et 
     seq.).
       (24) Central arizona water conservation district.--The term 
     ``Central Arizona Water Conservation District'' means the 
     political subdivision of the State that is the contractor 
     under the CAP repayment contract.
       (25) Colorado river compact.--The term ``Colorado River 
     Compact'' means the Colorado River Compact of 1922, as 
     ratified and reprinted in article 2 of chapter 7 of title 45, 
     Arizona Revised Statutes.
       (26) Colorado river water entitlement.--The term ``Colorado 
     River water entitlement'' means the right or authorization to 
     use Colorado River water in the State through a mainstem 
     contract with the Secretary pursuant to section 5 of the 
     Boulder Canyon Project Act (43 U.S.C. 617d).
       (27) Diversion.--The term ``diversion'' means an act to 
     divert.
       (28) Divert.--The term ``divert'' means to receive, 
     withdraw, develop, produce, or capture water using--
       (A) a ditch, canal, flume, bypass, pipeline, pit, 
     collection or infiltration gallery, conduit, well, pump, 
     turnout, dam, or any other mechanical device; or
       (B) any other act of man.
       (29) Domestic purpose.--
       (A) In general.--The term ``domestic purpose'' means any 
     use relating to the supply, service, or activity of a 
     household or private residence.
       (B) Inclusions.--The term ``domestic purpose'' includes the 
     application of water to not more than 2 acres of land to 
     produce a plant or parts of a plant for--
       (i) sale or human consumption; or
       (ii) use as feed for livestock, range livestock, or 
     poultry.
       (30) Effluent.--The term ``effluent'' means water that--
       (A) has been used in the State for domestic, municipal, or 
     industrial purposes, other than solely for hydropower 
     generation; and
       (B) is available for reuse for any purpose, regardless or 
     whether the water has been treated to improve the quality of 
     the water.
       (31) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 14(a).
       (32) Exchange.--The term ``exchange'' means a trade between 
     1 or more persons of any water for any other water, if each 
     person has a right or claim to use the water the person 
     provides in the trade, regardless of whether the water is 
     traded in equal quantities or other consideration is included 
     in the trade.
       (33) Fourth priority water.--The term ``fourth priority 
     water'' means Colorado River water that is available for 
     delivery in the State for the satisfaction of entitlements--
       (A) in accordance with contracts, Secretarial reservations, 
     perfected rights, and other arrangements between the United 
     States and water users in the State entered into or 
     established after September 30, 1968, for use on Federal, 
     State, or privately owned land in the State, in a total 
     quantity of not greater than 164,652 AFY of diversions; and
       (B) after first providing for the delivery of Colorado 
     River water for the CAP system, including for use on Indian 
     land, under section 304(e) of the Colorado River Basin 
     Project Act (43 U.S.C. 1524(e)), in accordance with the CAP 
     repayment contract.
       (34) Freeport.--
       (A) In general.--The term ``Freeport'' means the Delaware 
     corporation named ``Freeport Minerals Corporation''.
       (B) Inclusions.--The term ``Freeport'' includes all 
     subsidiaries, affiliates, successors, and assigns of Freeport 
     Minerals Corporation, including Byner Cattle Company, a 
     Nevada corporation.
       (35) Gila river adjudication.--The term ``Gila River 
     adjudication'' means the action pending in the Superior Court 
     of the State, in and for the County of Maricopa, In Re the 
     General Adjudication of All Rights To Use Water In The Gila 
     River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
     Gila), W-4 (San Pedro) (Consolidated).
       (36) Gila river adjudication court.--The term ``Gila River 
     adjudication court'' means the Superior Court of the State, 
     in and for the County of Maricopa, exercising jurisdiction 
     over the Gila River adjudication.
       (37) Gila river adjudication decree.--The term ``Gila River 
     adjudication decree'' means the judgment or decree entered by 
     the Gila River adjudication court in substantially the same 
     form as the form of judgment

[[Page S7317]]

     attached to the Hualapai Tribe water rights settlement 
     agreement as Exhibit 3.1.43.
       (38) Groundwater.--The term ``groundwater'' means all water 
     beneath the surface of the Earth within the State that is 
     not--
       (A) surface water;
       (B) effluent; or
       (C) Colorado River water.
       (39) Hualapai fee land.--The term ``Hualapai fee land'' 
     means land, other than Hualapai trust land, that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the 
     Hualapai Reservation or Hualapai trust land; and
       (C) as of the Enforceability Date, is owned by the Hualapai 
     Tribe, including by a tribally owned corporation.
       (40) Hualapai land.--The term ``Hualapai land'' means--
       (A) the Hualapai Reservation;
       (B) Hualapai trust land; and
       (C) Hualapai fee land.
       (41) Hualapai reservation.--The term ``Hualapai 
     Reservation'' means the land within the exterior boundaries 
     of the Hualapai Reservation, including--
       (A) all land withdrawn by the Executive order dated January 
     4, 1883, as modified by the May 28, 1942, order of the 
     Secretary pursuant to the Act of February 20, 1925 (43 Stat. 
     954, chapter 273);
       (B) the land identified by the Executive orders dated 
     December 22, 1898, May 14, 1900, and June 2, 1911; and
       (C) the land added to the Hualapai Reservation by sections 
     11 and 12.
       (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
     Hualapai Tribe, a federally recognized Indian Tribe of 
     Hualapai Indians organized under section 16 of the Act of 
     June 18, 1934 (25 U.S.C. 5123) (commonly known as the 
     ``Indian Reorganization Act'').
       (43) Hualapai tribe cap water.--The term ``Hualapai Tribe 
     CAP water'' means the 4,000 AFY of the CAP NIA priority water 
     that--
       (A) was previously allocated to non-Indian agricultural 
     entities;
       (B) was retained by the Secretary for reallocation to 
     Indian Tribes in the State pursuant to section 
     104(a)(1)(A)(iii) of the Central Arizona Project Settlement 
     Act of 2004 (Public Law 108-451; 118 Stat. 3487); and
       (C) is reallocated to the Hualapai Tribe pursuant to 
     section 13.
       (44) Hualapai tribe water delivery contract.--The term 
     ``Hualapai Tribe water delivery contract'' means the contract 
     entered into in accordance with the Hualapai Tribe water 
     rights settlement agreement and section 13(c) for the 
     delivery of Hualapai Tribe CAP water.
       (45) Hualapai tribe water rights settlement agreement.--
       (A) In general.--The term ``Hualapai Tribe water rights 
     settlement agreement'' means the agreement, including 
     exhibits, entitled ``Hualapai Tribe Water Rights Settlement 
     Agreement'' and dated February 11, 2019.
       (B) Inclusions.--The term ``Hualapai Tribe water rights 
     settlement agreement'' includes--
       (i) any amendments necessary to make the Hualapai Tribe 
     water rights settlement agreement consistent with this Act; 
     and
       (ii) any other amendments approved by the parties to the 
     Hualapai Tribe water rights settlement agreement and the 
     Secretary.
       (46) Hualapai trust land.--The term ``Hualapai trust land'' 
     means land, other than Hualapai fee land, that is--
       (A) located--
       (i) in the State; and
       (ii) outside the exterior boundaries of the Hualapai 
     Reservation; and
       (B) as of the Enforceability Date, held in trust by the 
     United States for the benefit of the Hualapai Tribe.
       (47) Hualapai water project.--The term ``Hualapai Water 
     Project'' means the project constructed in accordance with 
     section 6(a)(7)(A).
       (48) Hualapai water trust fund account.--The term 
     ``Hualapai Water Trust Fund Account'' means the account 
     established under section 6(a)(1).
       (49) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (50) Injury to water rights.--
       (A) In general.--The term ``injury to water rights'' means 
     any interference with, diminution of, or deprivation of, a 
     water right under Federal, State, or other law.
       (B) Exclusion.--The term ``injury to water rights'' does 
     not include any injury to water quality.
       (51) Lower basin.--The term ``lower basin'' has the meaning 
     given the term in article II(g) of the Colorado River 
     Compact.
       (52) Lower colorado river basin development fund.--The term 
     ``Lower Colorado River Basin Development Fund'' means the 
     fund established by section 403(a) of the Colorado River 
     Basin Project Act (43 U.S.C. 1543(a)).
       (53) Member.--The term ``member'' means any person duly 
     enrolled as a member of the Hualapai Tribe.
       (54) OM&R.--The term ``OM&R'' means--
       (A) any recurring or ongoing activity relating to the day-
     to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to replacing a feature of a 
     project.
       (55) Parcel 1.--The term ``Parcel 1'' means the parcel of 
     land that is--
       (A) depicted as 3 contiguous allotments identified as 1A, 
     1B, and 1C on the map attached to the Hualapai Tribe water 
     rights settlement agreement as Exhibit 3.1.6; and
       (B) held in trust for certain allottees.
       (56) Parcel 2.--The term ``Parcel 2'' means the parcel of 
     land that is--
       (A) depicted as ``Parcel 2'' on the map attached to the 
     Hualapai Tribe water rights settlement agreement as Exhibit 
     3.1.6; and
       (B) held in trust for certain allottees.
       (57) Parcel 3.--The term ``Parcel 3'' means the parcel of 
     land that is--
       (A) depicted as ``Parcel 3'' on the map attached to the 
     Hualapai Tribe water rights settlement agreement as Exhibit 
     3.1.6;
       (B) held in trust for the Hualapai Tribe; and
       (C) part of the Hualapai Reservation pursuant to Executive 
     Order 1368, dated June 2, 1911.
       (58) Party.--The term ``party'' means a person that is a 
     signatory to the Hualapai Tribe water rights settlement 
     agreement.
       (59) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (60) State.--The term ``State'' means the State of Arizona.
       (61) Stock watering.--The term ``stock watering'' means the 
     watering of livestock, range livestock, or poultry.
       (62) Surface water.--The term ``surface water'' means all 
     water in the State that is appropriable under State law.
       (63) Truxton basin.--The term ``Truxton Basin'' means the 
     groundwater aquifer described in the report issued by the 
     United States Geological Survey entitled ``Groundwater 
     Availability in the Truxton Basin, Northwestern Arizona'', 
     Scientific Investigations Report No. 2020-5017-A.
       (64) Water.--The term ``water'', when used without a 
     modifying adjective, means--
       (A) groundwater;
       (B) surface water;
       (C) effluent; and
       (D) Colorado River water.
       (65) Water right.--The term ``water right'' means any right 
     in or to groundwater, surface water, effluent, or Colorado 
     River water under Federal, State, or other law.

     SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER 
                   RIGHTS SETTLEMENT AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this Act and to the 
     extent the Hualapai Tribe water rights settlement agreement 
     does not conflict with this Act, the Hualapai Tribe water 
     rights settlement agreement is authorized, ratified, and 
     confirmed.
       (2) Amendments.--If an amendment to the Hualapai Tribe 
     water rights settlement agreement, or to any exhibit attached 
     to the Hualapai Tribe water rights settlement agreement 
     requiring the signature of the Secretary, is executed in 
     accordance with this Act to make the Hualapai Tribe water 
     rights settlement agreement consistent with this Act, the 
     amendment is authorized, ratified, and confirmed, to the 
     extent the amendment is consistent with this Act.
       (b) Execution.--
       (1) In general.--To the extent the Hualapai Tribe water 
     rights settlement agreement does not conflict with this Act, 
     the Secretary shall execute the Hualapai Tribe water rights 
     settlement agreement, including all exhibits to, or parts of, 
     the Hualapai Tribe water rights settlement agreement 
     requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this Act prohibits the 
     Secretary from approving any modification to an appendix or 
     exhibit to the Hualapai Tribe water rights settlement 
     agreement that is consistent with this Act, to the extent the 
     modification does not otherwise require congressional 
     approval under section 2116 of the Revised Statutes (25 
     U.S.C. 177) or any other applicable provision of Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Hualapai Tribe water 
     rights settlement agreement (including all exhibits to the 
     Hualapai Tribe water rights settlement agreement requiring 
     the signature of the Secretary) and this Act, the Secretary 
     shall comply with all applicable provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) all other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Hualapai Tribe water 
     rights settlement agreement and this Act, the Hualapai Tribe 
     shall prepare any necessary environmental documents, 
     consistent with all applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Hualapai 
     Tribe water rights settlement

[[Page S7318]]

     agreement by the Secretary under this section shall not 
     constitute a major action for purposes of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

     SEC. 5. WATER RIGHTS.

       (a) Water Rights To Be Held in Trust.--
       (1) Hualapai tribe.--The United States shall hold the 
     following water rights in trust for the benefit of the 
     Hualapai Tribe:
       (A) The water rights for the Hualapai Reservation described 
     in subparagraph 4.2 of the Hualapai Tribe water rights 
     settlement agreement.
       (B) The water rights for Hualapai trust land described in 
     subparagraph 4.4 of the Hualapai Tribe water rights 
     settlement agreement.
       (C) The water rights described in section 12(e)(2) for any 
     land taken into trust by the United States for the benefit of 
     the Hualapai Tribe--
       (i) after the Enforceability Date; and
       (ii) in accordance with section 12(e)(1).
       (D) All Hualapai Tribe CAP water.
       (2) Allottees.--The United States shall hold in trust for 
     the benefit of the allottees all water rights for the 
     allotments described in subparagraph 4.3.2 of the Hualapai 
     Tribe water rights settlement agreement.
       (b) Forfeiture and Abandonment.--The following water rights 
     shall not be subject to loss through non-use, forfeiture, 
     abandonment, or other operation of law:
       (1) The water rights for the Hualapai Reservation described 
     in subparagraph 4.2 of the Hualapai Tribe water rights 
     settlement agreement.
       (2) The water rights for Hualapai trust land described in 
     subparagraph 4.4 of the Hualapai Tribe water rights 
     settlement agreement.
       (3) Any Colorado River water entitlement purchased by the 
     Hualapai Tribe wholly or substantially with amounts in the 
     Economic Development Fund described in section 8.1 of the 
     Amended and Restated Hualapai Tribe Bill Williams River Water 
     Rights Settlement Agreement.
       (c) Alienation.--Any Colorado River water entitlement 
     purchased by the Hualapai Tribe wholly or substantially with 
     amounts in the Economic Development Fund described in section 
     8.1 of the Amended and Restated Hualapai Tribe Bill Williams 
     River Water Rights Settlement Agreement shall be restricted 
     against permanent alienation by the Hualapai Tribe.
       (d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall 
     have the right to divert, use, and store the Hualapai Tribe 
     CAP water in accordance with section 13.
       (e) Colorado River Water Entitlements.--
       (1) Uses.--The Hualapai Tribe shall have the right to use 
     any Colorado River water entitlement purchased by or donated 
     to the Hualapai Tribe at the location to which the 
     entitlement is appurtenant on the date on which the 
     entitlement is purchased or donated.
       (2) Storage.--
       (A) In general.--Subject to paragraphs (3) and (5), the 
     Hualapai Tribe may store Colorado River water available under 
     any Colorado River water entitlement purchased by or donated 
     to the Hualapai Tribe at underground storage facilities or 
     groundwater savings facilities located within the State and 
     in accordance with State law.
       (B) Assignments.--The Hualapai Tribe may assign any long-
     term storage credits accrued as a result of storage under 
     subparagraph (A) in accordance with State law.
       (3) Transfers.--The Hualapai Tribe may transfer the 
     entitlement for use or storage under paragraph (1) or (2), 
     respectively, to another location within the State, including 
     the Hualapai Reservation, in accordance with the Hualapai 
     Tribe water rights settlement agreement and all applicable 
     Federal and State laws governing the transfer of Colorado 
     River water entitlements within the State.
       (4) Leases.--The Hualapai Tribe may lease any Colorado 
     River water entitlement for use or storage under paragraph 
     (1) or (2), respectively, to a water user within the State, 
     in accordance with the Hualapai Tribe water rights settlement 
     agreement and all applicable Federal and State laws governing 
     the transfer of Colorado River water entitlements within the 
     State.
       (5) Transports.--The Hualapai Tribe, or any person who 
     leases a Colorado River water entitlement from the Hualapai 
     Tribe under paragraph (4), may transport Colorado River water 
     available under the Colorado River water entitlement through 
     the Central Arizona Project in accordance with all laws of 
     the United States and the agreements between the United 
     States and the Central Arizona Water Conservation District 
     governing the use of the Central Arizona Project to transport 
     water other than CAP water.
       (f) Use Off-Reservation.--No water rights to groundwater 
     under the Hualapai Reservation or Hualapai trust land, or to 
     surface water on the Hualapai Reservation or Hualapai trust 
     land, may be sold, leased, transferred, or used outside the 
     boundaries of the Hualapai Reservation or Hualapai trust 
     land, other than under an exchange.
       (g) Groundwater Transportation.--
       (1) Fee land.--Groundwater may be transported in accordance 
     with State law away from Hualapai fee land and away from land 
     acquired in fee by the Hualapai Tribe, including by a 
     tribally owned corporation, after the Enforceability Date.
       (2) Land added to hualapai reservation.--Groundwater may be 
     transported in accordance with State law away from land added 
     to the Hualapai Reservation by sections 11 and 12 to other 
     land within the Hualapai Reservation.

     SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF 
                   HUALAPAI WATER PROJECT; FUNDING.

       (a) Hualapai Water Trust Fund Account.--
       (1) Establishment.--The Secretary shall establish a trust 
     fund account, to be known as the ``Hualapai Water Trust Fund 
     Account'', to be managed, invested, and distributed by the 
     Secretary and to remain available until expended, withdrawn, 
     or reverted to the general fund of the Treasury, consisting 
     of the amounts deposited in the Hualapai Water Trust Fund 
     Account under paragraph (2), together with any interest 
     earned on those amounts, for the purposes of carrying out 
     this Act.
       (2) Deposits.--The Secretary shall deposit in the Hualapai 
     Water Trust Fund Account the amounts made available pursuant 
     to section 7(a)(1).
       (3) Management and interest.--
       (A) Management.--On receipt and deposit of funds into the 
     Hualapai Water Trust Fund Account, the Secretary shall 
     manage, invest, and distribute all amounts in the Hualapai 
     Water Trust Fund Account in a manner that is consistent with 
     the investment authority of the Secretary under--
       (i) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (ii) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.); and
       (iii) this subsection.
       (B) Investment earnings.--In addition to the deposits made 
     to the Hualapai Water Trust Fund Account under paragraph (2), 
     any investment earnings, including interest, credited to 
     amounts held in the Hualapai Water Trust Fund Account are 
     authorized to be appropriated to be used in accordance with 
     paragraph (7).
       (4) Availability of amounts.--
       (A) In general.--Amounts appropriated to, and deposited in, 
     the Hualapai Water Trust Fund Account, including any 
     investment earnings, shall be made available to the Hualapai 
     Tribe by the Secretary beginning on the Enforceability Date, 
     subject to the requirements of this section.
       (B) Use.--Notwithstanding subparagraph (A), amounts 
     deposited in the Hualapai Water Trust Fund Account shall be 
     available to the Hualapai Tribe on the date on which the 
     amounts are deposited for environmental compliance, as 
     provided in section 8.
       (5) Withdrawals.--
       (A) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (i) In general.--The Hualapai Tribe may withdraw any 
     portion of the amounts in the Hualapai Water Trust Fund 
     Account on approval by the Secretary of a Tribal management 
     plan submitted by the Tribe in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (ii) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this subparagraph shall require that the Hualapai Tribe spend 
     all amounts withdrawn from the Hualapai Water Trust Fund 
     Account and any investment earnings accrued through the 
     investments under the Tribal management plan in accordance 
     with this Act.
       (iii) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce the Tribal management 
     plan under this subparagraph to ensure that amounts withdrawn 
     by the Hualapai Tribe from the Hualapai Water Trust Fund 
     Account under clause (i) are used in accordance with this 
     Act.
       (B) Withdrawals under expenditure plan.--
       (i) In general.--The Hualapai Tribe may submit to the 
     Secretary a request to withdraw funds from the Hualapai Water 
     Trust Fund Account pursuant to an approved expenditure plan.
       (ii) Requirements.--To be eligible to withdraw amounts 
     under an expenditure plan under this subparagraph, the 
     Hualapai Tribe shall submit to the Secretary an expenditure 
     plan for any portion of the Hualapai Water Trust Fund Account 
     that the Hualapai Tribe elects to withdraw pursuant to this 
     subparagraph, subject to the condition that the amounts shall 
     be used for the purposes described in this Act.
       (iii) Inclusions.--An expenditure plan under this 
     subparagraph shall include a description of the manner and 
     purpose for which the amounts proposed to be withdrawn from 
     the Hualapai Water Trust Fund Account will be used by the 
     Hualapai Tribe, in accordance with paragraph (7).
       (iv) Approval.--The Secretary shall approve an expenditure 
     plan submitted under clause (ii) if the Secretary determines 
     that the plan--

       (I) is reasonable; and
       (II) is consistent with, and will be used for, the purposes 
     of this Act.

       (v) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this subparagraph are used in 
     accordance with this Act.

[[Page S7319]]

       (6) Effect.--Nothing in this section gives the Hualapai 
     Tribe the right to judicial review of a determination of the 
     Secretary relating to whether to approve a Tribal management 
     plan under paragraph (5)(A) or an expenditure plan under 
     paragraph (5)(B) except under subchapter II of chapter 5, and 
     chapter 7, of title 5, United States Code (commonly known as 
     the ``Administrative Procedure Act'').
       (7) Uses.--Amounts from the Hualapai Water Trust Fund 
     Account shall be used by the Hualapai Tribe--
       (A) to plan, design, construct, and conduct related 
     activities, including compliance with Federal environmental 
     laws under section 8, the Hualapai Water Project, which shall 
     be designed to divert, treat, and convey up to 3,414 AFY of 
     water from the Colorado River in the lower basin in the 
     State, including locations on or directly adjacent to the 
     Hualapai Reservation, for municipal, commercial, and 
     industrial uses on the Hualapai Reservation;
       (B) to perform OM&R on the Hualapai Water Project;
       (C) to construct facilities to transport electrical power 
     to pump water for the Hualapai Water Project;
       (D) to construct, repair, and replace such infrastructure 
     as may be necessary for groundwater wells on the Hualapai 
     Reservation and to construct infrastructure for delivery and 
     use of such groundwater on the Hualapai Reservation;
       (E) to acquire land, interests in land, and water rights 
     outside the exterior boundaries of the Hualapai Reservation 
     that are located in the Truxton Basin;
       (F) to reimburse the Hualapai Tribe for any--
       (i) planning, design, and engineering costs associated with 
     the Hualapai Water Project that the Hualapai Tribe incurs 
     using Tribal funds during the period--

       (I) beginning on the date of enactment of this Act; and
       (II) ending on the Enforceability Date; and

       (ii) construction costs associated with the Hualapai Water 
     Project that the Hualapai Tribe incurs using Tribal funds 
     during the period--

       (I) beginning on the date on which the Secretary issues a 
     record of decision; and
       (II) ending on the Enforceability Date; and

       (G) to make contributions to the Economic Development Fund 
     described in section 8.1 of the Amended and Restated Hualapai 
     Tribe Bill Williams River Water Rights Settlement Agreement 
     for the purpose of purchasing additional Colorado River water 
     entitlements and appurtenant land.
       (8) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Hualapai Water 
     Trust Fund Account by the Hualapai Tribe under paragraph (5).
       (9) Title to infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Hualapai Water Trust Fund Account shall remain in the 
     Hualapai Tribe.
       (10) OM&R.--All OM&R costs of any project constructed using 
     funds from the Hualapai Water Trust Fund Account shall be the 
     responsibility of the Hualapai Tribe.
       (11) No per capita distributions.--No portion of the 
     Hualapai Water Trust Fund Account shall be distributed on a 
     per capita basis to any member of the Hualapai Tribe.
       (12) Expenditure reports.--The Hualapai Tribe shall 
     annually submit to the Secretary an expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan under this Act.
       (b) Hualapai Water Settlement Implementation Fund 
     Account.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a nontrust, interest-bearing account, to be 
     known as the ``Hualapai Water Settlement Implementation Fund 
     Account'' (referred to in this subsection as the 
     ``Implementation Fund Account'') to be managed and 
     distributed by the Secretary, for use by the Secretary for 
     carrying out this Act.
       (2) Deposits.--The Secretary shall deposit in the 
     Implementation Fund Account the amounts made available 
     pursuant to section 7(a)(2).
       (3) Uses.--The Implementation Fund Account shall be used by 
     the Secretary to carry out section 15(c), including for 
     groundwater monitoring in the Truxton Basin.
       (4) Interest.--In addition to the deposits under paragraph 
     (2), any investment earnings, including interest, credited to 
     amounts unexpended in the Implementation Fund Account are 
     authorized to be appropriated to be used in accordance with 
     paragraph (3).

     SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Authorizations.--
       (1) Hualapai water trust fund account.--There is authorized 
     to be appropriated to the Secretary for deposit in the 
     Hualapai Water Trust Fund Account $312,000,000, to be 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury.
       (2) Hualapai water settlement implementation fund 
     account.--There is authorized to be appropriated to the 
     Secretary for deposit in the Hualapai Water Settlement 
     Implementation Fund account established by section 6(b)(1) 
     $5,000,000.
       (3) Prohibition.--Notwithstanding any other provision of 
     law, any amounts made available under paragraph (1) or (2) 
     shall not be made available from the Reclamation Water 
     Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 
     407(a)).
       (b) Fluctuation in Costs.--
       (1) In general.--The amount authorized to be appropriated 
     under subsection (a)(1) shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reason of 
     ordinary fluctuations in costs occurring after the date of 
     enactment of this Act, as indicated by the Bureau of 
     Reclamation Construction Cost Index--Composite Trend.
       (2) Construction costs adjustment.--The amount authorized 
     to be appropriated under subsection (a)(1) shall be adjusted 
     to address construction cost changes necessary to account for 
     unforeseen market volatility that may not otherwise be 
     captured by engineering cost indices as determined by the 
     Secretary, including repricing applicable to the types of 
     construction and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing adjustment 
     for any increment of funding shall end on the date on which 
     the funds are deposited in the Hualapai Water Trust Fund 
     Account.

     SEC. 8. ENVIRONMENTAL COMPLIANCE.

       (a) In General.--Effective beginning on the date of deposit 
     of funds in the Hualapai Water Trust Fund Account, the 
     Hualapai Tribe may commence any environmental, cultural, and 
     historical compliance activities necessary to implement the 
     Hualapai Tribe water rights settlement agreement and this 
     Act, including activities necessary to comply with all 
     applicable provisions of--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (2) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (3) all other applicable Federal environmental or 
     historical and cultural protection laws and regulations.
       (b) No Effect on Outcome.--Nothing in this Act affects or 
     directs the outcome of any analysis under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     any other applicable Federal environmental or historical and 
     cultural protection law.
       (c) Compliance Costs.--Any costs associated with the 
     performance of the compliance activities under subsection (a) 
     shall be paid from funds deposited in the Hualapai Water 
     Trust Fund Account, subject to the condition that any costs 
     associated with the performance of Federal approval or other 
     review of such compliance work or costs associated with 
     inherently Federal functions shall remain the responsibility 
     of the Secretary.
       (d) Record of Decision.--Construction of the Hualapai Water 
     Project shall not commence until the Secretary issues a 
     record of decision after completion of an environmental 
     impact statement for the Hualapai Water Project.
       (e) Construction Costs.--Any costs of construction incurred 
     by the Hualapai Tribe during the period beginning on the date 
     on which the Secretary issues a record of decision and ending 
     on the Enforceability Date shall be paid by the Hualapai 
     Tribe and not from funds deposited in the Hualapai Water 
     Trust Fund Account, subject to the condition that, pursuant 
     to section 6(a)(7)(F), the Hualapai Tribe may be reimbursed 
     after the Enforceability Date from the Hualapai Water Trust 
     Fund Account for any such costs of construction incurred by 
     the Hualapai Tribe prior to the Enforceability Date.

     SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

       (a) Waivers and Releases of Claims by the Hualapai Tribe.--
       (1) Claims against the state and others.--
       (A) In general.--Except as provided in subparagraph (C), 
     the Hualapai Tribe, on behalf of the Hualapai Tribe and the 
     members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees) and the United States, 
     acting as trustee for the Hualapai Tribe and the members of 
     the Hualapai Tribe (but not members in the capacity of the 
     members as allottees), as part of the performance of the 
     respective obligations of the Hualapai Tribe and the United 
     States under the Hualapai Tribe water rights settlement 
     agreement and this Act, are authorized to execute a waiver 
     and release of any claims against the State (or any agency or 
     political subdivision of the State) and any other individual, 
     entity, corporation, or municipal corporation under Federal, 
     State, or other law for all--
       (i) past, present, and future claims for water rights, 
     including rights to Colorado River water, for Hualapai land, 
     arising from time immemorial and, thereafter, forever;
       (ii) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the Hualapai Tribe, the 
     predecessors of the Hualapai Tribe, the members of the 
     Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (iii) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for 
     Hualapai land, arising from time immemorial through the 
     Enforceability Date;
       (iv) past, present, and future claims for injury to water 
     rights, including injury to

[[Page S7320]]

     rights to Colorado River water, arising from time immemorial 
     and, thereafter, forever, that are based on the aboriginal 
     occupancy of land by the Hualapai Tribe, the predecessors of 
     the Hualapai Tribe, the members of the Hualapai Tribe, or 
     predecessors of the members of the Hualapai Tribe;
       (v) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, for Hualapai land, resulting from the 
     off-reservation diversion or use of surface water, Colorado 
     River water, or effluent in a manner not in violation of the 
     Hualapai Tribe water rights settlement agreement or State 
     law;
       (vi) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act;
       (vii) claims for water rights of the Hualapai Tribe or the 
     United States, acting as trustee for the Hualapai Tribe and 
     members of the Hualapai Tribe, with respect to Parcel 3, in 
     excess of 300 AFY;
       (viii) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     reservation diversion or use of groundwater from--

       (I) any well constructed outside of the Truxton Basin on or 
     before the date of enactment of this Act;
       (II) any well constructed outside of the Truxton Basin, and 
     not more than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, after the date of enactment of this Act 
     if--

       (aa) the well was constructed to replace a well in 
     existence on the date of enactment of this Act;
       (bb) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (cc) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; or

       (III) any well constructed outside the Truxton Basin, and 
     not less than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, after the date of enactment of this 
     Act, subject to the condition that the authorizations and 
     restrictions regarding the location, size, and operation of 
     wells in the Bill Williams River watershed set forth in the 
     Bill Williams agreements and the Bill Williams Act, and the 
     waivers of claims in the Bill Williams agreements and the 
     Bill Williams Act, shall continue to apply to the parties to 
     the Bill Williams agreements, notwithstanding the provisions 
     of this subsection; and

       (ix) claims for injury to water rights arising after the 
     Enforceability Date, for Hualapai land, resulting from the 
     off-reservation diversion or use of groundwater in the 
     Truxton Basin from--

       (I) any well constructed within the Truxton Basin for 
     domestic purposes or stock watering--

       (aa) on or before the date on which the Secretary provides 
     written notice to the State pursuant to section 15(c)(2); or
       (bb) after the date on which the Secretary provides written 
     notice to the State pursuant to that section if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; and

       (II) any well constructed within the Truxton Basin for 
     purposes other than domestic purposes or stock watering--

       (aa) on or before the date of enactment of this Act;
       (bb) after the date of enactment of this Act if the 
     Secretary has not provided written notice to the State 
     pursuant to section 15(c)(2); or
       (cc) after the date of enactment of this Act if the 
     Secretary has provided written notice to the State pursuant 
     to section 15(c)(2) and if--
       (AA) the well was constructed to replace a well in 
     existence on the on which date the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced.
       (B) Effective date.--The waiver and release of claims 
     described in subparagraph (A) shall take effect on the 
     Enforceability Date.
       (C) Reservation of rights and retention of claims.--
     Notwithstanding the waiver and release of claims described in 
     subparagraph (A), the Hualapai Tribe, acting on behalf of the 
     Hualapai Tribe and the members of the Hualapai Tribe, and the 
     United States, acting as trustee for the Hualapai Tribe and 
     the members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees), shall retain any 
     right--
       (i) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (ii) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under any judgment or 
     decree approving or incorporating the Hualapai Tribe water 
     rights settlement agreement;
       (iii) to assert claims for water rights based on State law 
     for land owned or acquired by the Hualapai Tribe in fee, 
     under subparagraph 4.8 of the Hualapai Tribe water rights 
     settlement agreement;
       (iv) to object to any claims for water rights or injury to 
     water rights by or for any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (v) to assert past, present, or future claims for injury to 
     water rights against any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (vi) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction;
       (vii) subject to paragraphs (1), (3), (4), and (5) of 
     section 5(e), to assert the rights of the Hualapai Tribe 
     under any Colorado River water entitlement purchased by or 
     donated to the Hualapai Tribe; and
       (viii) to assert claims for injury to water rights arising 
     after the Enforceability Date for Hualapai land resulting 
     from any off-reservation diversion or use of groundwater, 
     without regard to quantity, from--

       (I) any well constructed after the date of enactment of 
     this Act outside of the Truxton Basin and not more than 2 
     miles from the exterior boundaries of the Hualapai 
     Reservation, except a replacement well described in 
     subparagraph (A)(viii)(II), subject to the authorizations and 
     restrictions regarding the location, size, and operation of 
     wells in the Bill Williams River watershed, and the waivers 
     of claims, set forth in the Bill Williams agreements and the 
     Bill Williams Act;
       (II) any well constructed within the Truxton Basin for 
     domestic purposes or stock watering after the date on which 
     the Secretary has provided written notice to the State 
     pursuant to section 15(c)(2), except for a replacement well 
     described in subparagraph (A)(ix)(I)(bb); and
       (III) any well constructed within the Truxton Basin for 
     purposes other than domestic purposes or stock watering after 
     the date of enactment of this Act, if the Secretary has 
     provided notice to the State pursuant to section 15(c)(2), 
     except for a replacement well as described in subparagraph 
     (A)(ix)(II)(cc).

       (2) Claims against united states.--
       (A) In general.--Except as provided in subparagraph (C), 
     the Hualapai Tribe, acting on behalf of the Hualapai Tribe 
     and the members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees) as part of the 
     performance of the obligations of the Hualapai Tribe under 
     the Hualapai Tribe water rights settlement agreement and this 
     Act, is authorized to execute a waiver and release of all 
     claims against the United States, including agencies, 
     officials, and employees of the United States, under Federal, 
     State, or other law for all--
       (i) past, present, and future claims for water rights, 
     including rights to Colorado River water, for Hualapai land, 
     arising from time immemorial and, thereafter, forever;
       (ii) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the Hualapai Tribe, the 
     predecessors of the Hualapai Tribe, the members of the 
     Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (iii) past and present claims relating in any manner to 
     damages, losses, or injury to water rights (including injury 
     to rights to Colorado River water), land, or other resources 
     due to loss of water or water rights (including damages, 
     losses, or injuries to hunting, fishing, gathering, or 
     cultural rights due to loss of water or water rights, claims 
     relating to interference with, diversion, or taking of water, 
     or claims relating to the failure to protect, acquire, or 
     develop water, water rights, or water infrastructure) within 
     the State that first accrued at any time prior to the 
     Enforceability Date;
       (iv) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for 
     Hualapai land, arising from time immemorial through the 
     Enforceability Date;
       (v) past, present, and future claims for injury to water 
     rights, including injury to rights to Colorado River water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land by the Hualapai 
     Tribe, the predecessors of the Hualapai Tribe, the members of 
     the Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (vi) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date for Hualapai land, resulting from the 
     off-reservation diversion or use of surface water, Colorado 
     River water, or effluent in a manner not in violation of the 
     Hualapai Tribe water rights settlement agreement or State 
     law;
       (vii) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement

[[Page S7321]]

     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act;
       (viii) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     Reservation diversion or use of groundwater from--

       (I) any well constructed on public domain land outside of 
     the Truxton Basin on or before the date of enactment of this 
     Act;
       (II) any well constructed on public domain land outside of 
     the Truxton Basin, and not more than 2 miles from the 
     exterior boundaries of the Hualapai Reservation, after the 
     date of enactment of this Act if--

       (aa) the well was constructed to replace a well in 
     existence on the date of enactment of this Act;
       (bb) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (cc) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; or

       (III) any well constructed on public domain land outside of 
     the Truxton Basin, and not less than 2 miles from the 
     exterior boundaries of the Hualapai Reservation, after the 
     date of enactment of this Act, subject to the condition that 
     the authorizations and restrictions regarding the location, 
     size, and operation of wells in the Bill Williams River 
     watershed set forth in the Bill Williams agreements and the 
     Bill Williams Act, and the waivers of claims in the Bill 
     Williams agreements and the Bill Williams Act, shall continue 
     to apply to the parties to the Bill Williams agreements, 
     notwithstanding the provisions of this subsection; and

       (ix) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     reservation diversion or use of groundwater in the Truxton 
     Basin from--

       (I) any well constructed on public domain land within the 
     Truxton Basin for domestic purposes or stock watering--

       (aa) on or before the date on which the Secretary provides 
     written notice to the State pursuant to section 15(c)(2); or
       (bb) after the date on which the Secretary provides written 
     notice to the State pursuant to that section if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; and

       (II) any well constructed on public domain land within the 
     Truxton Basin for purposes other than domestic purposes or 
     stock watering--

       (aa) on or before the date of enactment of this Act;
       (bb) after the date of enactment of this Act if the 
     Secretary has not provided written notice to the State 
     pursuant to section 15(c)(2); or
       (cc) after the date of enactment of this Act if the 
     Secretary has provided written notice to the State pursuant 
     to section 15(c)(2) and if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced.
       (B) Effective date.--The waiver and release of claims 
     described in subparagraph (A) shall take effect on the 
     Enforceability Date.
       (C) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in subparagraph (A), the Hualapai 
     Tribe and the members of the Hualapai Tribe (but not members 
     in the capacity of the members as allottees) shall retain any 
     right--
       (i) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (ii) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under any judgment or 
     decree approving or incorporating the Hualapai Tribe water 
     rights settlement agreement;
       (iii) to assert claims for water rights based on State law 
     for land owned or acquired by the Hualapai Tribe in fee under 
     subparagraph 4.8 of the Hualapai Tribe water rights 
     settlement agreement;
       (iv) to object to any claims for water rights or injury to 
     water rights by or for any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (v) to assert past, present, or future claims for injury to 
     water rights against any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (vi) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction;
       (vii) subject to paragraphs (1), (3), (4), and (5) of 
     section 5(e), to assert the rights of the Hualapai Tribe 
     under any Colorado River water entitlement purchased by or 
     donated to the Hualapai Tribe; and
       (viii) to assert any claims for injury to water rights 
     arising after the Enforceability Date for Hualapai land 
     resulting from any off-reservation diversion or use of 
     groundwater, without regard to quantity, from--

       (I) any well constructed after the date of enactment of 
     this Act on public domain land outside of the Truxton Basin 
     and not more than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, except for a replacement well described 
     in subparagraph (A)(viii)(II), subject to the authorizations 
     and restrictions regarding the location, size, and operation 
     of wells in the Bill Williams River watershed, and the 
     waivers of claims, set forth in the Bill Williams agreements 
     and the Bill Williams Act;
       (II) any well constructed on public domain land within the 
     Truxton Basin for domestic purposes or stock watering after 
     the date on which the Secretary has provided written notice 
     to the State pursuant to section 15(c)(2), except for a 
     replacement well described in subparagraph (A)(ix)(I)(bb); 
     and
       (III) any well constructed on public domain land within the 
     Truxton Basin for purposes other than domestic purposes or 
     stock watering after the date of enactment of this Act, if 
     the Secretary has provided notice to the State pursuant to 
     section 15(c)(2), except for a replacement well as described 
     in subparagraph (A)(ix)(II)(cc).

       (b) Waivers and Releases of Claims by United States, Acting 
     as Trustee for Allottees.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, acting as trustee for the allottees of the 
     Hualapai Tribe, as part of the performance of the obligations 
     of the United States under the Hualapai Tribe water rights 
     settlement agreement and this Act, is authorized to execute a 
     waiver and release of any claims against the State (or any 
     agency or political subdivision of the State), the Hualapai 
     Tribe, and any other individual, entity, corporation, or 
     municipal corporation under Federal, State, or other law, for 
     all--
       (A) past, present, and future claims for water rights, 
     including rights to Colorado River water, for the allotments, 
     arising from time immemorial and, thereafter, forever;
       (B) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the allottees or predecessors 
     of the allottees;
       (C) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for the 
     allotments, arising from time immemorial through the 
     Enforceability Date;
       (D) past, present, and future claims for injury to water 
     rights, if any, including injury to rights to Colorado River 
     water, arising from time immemorial and, thereafter, forever, 
     that are based on the aboriginal occupancy of land by the 
     allottees or predecessors of the allottees;
       (E) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, for the allotments, resulting from the 
     off-reservation diversion or use of water in a manner not in 
     violation of the Hualapai Tribe water rights settlement 
     agreement or State law;
       (F) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act; and
       (G) claims for any water rights of the allottees or the 
     United States acting as trustee for the allottees with 
     respect to--
       (i) Parcel 1, in excess of 82 AFY; or
       (ii) Parcel 2, in excess of 312 AFY.
       (2) Effective date.--The waiver and release of claims under 
     paragraph (1) shall take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1), the United 
     States, acting as trustee for the allottees of the Hualapai 
     Tribe, shall retain any right--
       (A) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     allottees, if any, under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the allottees under any judgment or decree 
     approving or incorporating the Hualapai Tribe water rights 
     settlement agreement;
       (C) to object to any claims for water rights or injury to 
     water rights by or for--
       (i) any Indian Tribe other than the Hualapai Tribe; or
       (ii) the United States, acting on behalf of any Indian 
     Tribe other than the Hualapai Tribe;
       (D) to assert past, present, or future claims for injury to 
     water rights against--
       (i) any Indian Tribe other than the Hualapai Tribe; or
       (ii) the United States, acting on behalf of any Indian 
     Tribe other than the Hualapai Tribe; and

[[Page S7322]]

       (E) to assert claims for injuries to, and seek enforcement 
     of, the rights of the allottees under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction.
       (c) Waiver and Release of Claims by United States Against 
     Hualapai Tribe.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, in all capacities (except as trustee for an 
     Indian Tribe other than the Hualapai Tribe), as part of the 
     performance of the obligations of the United States under the 
     Hualapai Tribe water rights settlement agreement and this 
     Act, is authorized to execute a waiver and release of all 
     claims against the Hualapai Tribe, the members of the 
     Hualapai Tribe, or any agency, official, or employee of the 
     Hualapai Tribe, under Federal, State or any other law for 
     all--
       (A) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, resulting 
     from the diversion or use of water on Hualapai land arising 
     from time immemorial through the Enforceability Date;
       (B) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, resulting from the diversion or use of 
     water on Hualapai land in a manner that is not in violation 
     of the Hualapai Tribe water rights settlement agreement or 
     State law; and
       (C) past, present, and future claims arising out of, or 
     related in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act.
       (2) Effective date.--The waiver and release of claims under 
     paragraph (1) shall take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1), the United 
     States shall retain any right to assert any claim not 
     expressly waived in accordance with that paragraph, including 
     any right to assert a claim for injury to, and seek 
     enforcement of, any right of the United States under the Bill 
     Williams agreements or the Bill Williams Act, in any Federal 
     or State court of competent jurisdiction.
       (d) Bill Williams River Phase 2 Water Rights Settlement 
     Agreement Waiver, Release, and Retention of Claims.--
       (1) Claims against freeport.--
       (A) In general.--Except as provided in subparagraph (C), 
     the United States, acting solely on behalf of the Department 
     of the Interior (including the Bureau of Land Management and 
     the United States Fish and Wildlife Service), as part of the 
     performance of the obligations of the United States under the 
     Bill Williams River phase 2 water rights settlement 
     agreement, is authorized to execute a waiver and release of 
     all claims of the United States against Freeport under 
     Federal, State, or any other law for--
       (i) any past or present claim for injury to water rights 
     resulting from--

       (I) the diversion or use of water by Freeport pursuant to 
     the water rights described in Exhibit 4.1(ii) to the Bill 
     Williams River phase 2 water rights settlement agreement; and
       (II) any other diversion or use of water for mining 
     purposes authorized by the Bill Williams River phase 2 water 
     rights settlement agreement;

       (ii) any claim for injury to water rights arising after the 
     Bill Williams River Phase 2 Enforceability Date resulting 
     from--

       (I) the diversion or use of water by Freeport pursuant to 
     the water rights described in Exhibit 4.1(ii) to the Bill 
     Williams River phase 2 water rights settlement agreement in a 
     manner not in violation of the Bill Williams River phase 2 
     water rights settlement agreement;
       (II) the diversion of up to 2,500 AFY of water by Freeport 
     from Sycamore Creek as permitted by section 4.3(iv) of the 
     Bill Williams River phase 2 water rights settlement 
     agreement; and
       (III) any other diversion or use of water by Freeport 
     authorized by the Bill Williams River phase 2 water rights 
     settlement agreement, subject to the condition that such a 
     diversion and use of water is conducted in a manner not in 
     violation of the Bill Williams River phase 2 water rights 
     settlement agreement; and

       (iii) any past, present, or future claim arising out of, or 
     relating in any manner to, the negotiation or execution of 
     the Bill Williams River phase 2 water rights settlement 
     agreement, the Hualapai Tribe water rights settlement 
     agreement, or this Act.
       (B) Effective date.--The waiver and release of claims under 
     subparagraph (A) shall take effect on the Bill Williams River 
     Phase 2 Enforceability Date.
       (C) Retention of claims.--The United States shall retain 
     all rights not expressly waived in the waiver and release of 
     claims under subparagraph (A), including, subject to section 
     6.4 of the Bill Williams River phase 2 water rights 
     settlement agreement, the right to assert a claim for injury 
     to, and seek enforcement of, the Bill Williams River phase 2 
     water rights settlement agreement or this Act, in any Federal 
     or State court of competent jurisdiction (but not a Tribal 
     court).
       (2) No precedential effect.--
       (A) Pending and future proceedings.--The Bill Williams 
     River phase 2 water rights settlement agreement shall have no 
     precedential effect in any other administrative or judicial 
     proceeding, including--
       (i) any pending or future general stream adjudication, or 
     any other litigation involving Freeport or the United States, 
     including any proceeding to establish or quantify a Federal 
     reserved water right;
       (ii) any pending or future administrative or judicial 
     proceeding relating to an application--

       (I) to appropriate water (for instream flow or other 
     purposes);
       (II) to sever and transfer a water right;
       (III) to change a point of diversion; or
       (IV) to change a place of use for any water right; and

       (iii) any proceeding regarding water rights or a claim 
     relating to any Federal land.
       (B) No methodology or standard.--Nothing in the Bill 
     Williams River phase 2 water rights settlement agreement 
     establishes any standard or methodology to be used for the 
     quantification of any claim to water rights (whether based on 
     Federal or State law) in any judicial or administrative 
     proceeding, other than a proceeding to enforce the terms of 
     the Bill Williams River phase 2 water rights settlement 
     agreement.

     SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

       (a) Hualapai Tribe and Members.--
       (1) In general.--The benefits realized by the Hualapai 
     Tribe and the members of the Hualapai Tribe (but not members 
     in the capacity of the members as allottees) under the 
     Hualapai Tribe water rights settlement agreement, this Act, 
     the Bill Williams agreements, and the Bill Williams Act shall 
     be in full satisfaction of all claims of the Hualapai Tribe, 
     the members of the Hualapai Tribe, and the United States, 
     acting in the capacity of the United States as trustee for 
     the Hualapai Tribe and the members of the Hualapai Tribe, for 
     water rights and injury to water rights under Federal, State, 
     or other law with respect to Hualapai land.
       (2) Satisfaction.--Any entitlement to water of the Hualapai 
     Tribe and the members of the Hualapai Tribe (but not members 
     in the capacity of the members as allottees) or the United 
     States, acting in the capacity of the United States as 
     trustee for the Hualapai Tribe and the members of the 
     Hualapai Tribe (but not members in the capacity of the 
     members as allottees), for Hualapai land shall be satisfied 
     out of the water resources and other benefits granted, 
     confirmed, quantified, or recognized by the Hualapai Tribe 
     water rights settlement agreement, this Act, the Bill 
     Williams agreements, and the Bill Williams Act to or for the 
     Hualapai Tribe, the members of the Hualapai Tribe (but not 
     members in the capacity of the members as allottees), and the 
     United States, acting in the capacity of the United States as 
     trustee for the Hualapai Tribe and the members of the 
     Hualapai Tribe (but not members in the capacity of the 
     members as allottees).
       (b) Allottee Water Claims.--
       (1) In general.--The benefits realized by the allottees of 
     the Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement, this Act, the Bill Williams agreements, 
     and the Bill Williams Act shall be in complete replacement of 
     and substitution for, and full satisfaction of, all claims 
     with respect to allotments of the allottees and the United 
     States, acting in the capacity of the United States as 
     trustee for the allottees, for water rights and injury to 
     water rights under Federal, State, or other law.
       (2) Satisfaction.--Any entitlement to water of the 
     allottees or the United States, acting in the capacity of the 
     United States as trustee for the allottees, for allotments 
     shall be satisfied out of the water resources and other 
     benefits granted, confirmed, or recognized by the Hualapai 
     Tribe water rights settlement agreement, this Act, the Bill 
     Williams agreements, and the Bill Williams Act to or for the 
     allottees and the United States, acting as trustee for the 
     allottees.
       (c) Effect.--Notwithstanding subsections (a) and (b), 
     nothing in this Act or the Hualapai Tribe water rights 
     settlement agreement--
       (1) recognizes or establishes any right of a member of the 
     Hualapai Tribe or an allottee to water on Hualapai land; or
       (2) prohibits the Hualapai Tribe or an allottee from 
     acquiring additional water rights by purchase of land, 
     credits, or water rights.

     SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.

       The following land in the State is added to the Hualapai 
     Reservation:
       (1) Public law 93-560.--The land held in trust by the 
     United States for the Hualapai Tribe pursuant to the first 
     section of Public Law 93-560 (88 Stat. 1820).
       (2) 1947 judgment.--The land deeded to the United States in 
     the capacity of the United States as trustee for the Hualapai 
     Tribe pursuant to the 1947 judgment.
       (3) Truxton triangle.--That portion of the S\1/2\ sec. 3, 
     lying south of the south boundary of the Hualapai Reservation 
     and north of the north right-of-way boundary of Arizona 
     Highway 66, and bounded by the west section line of that sec. 
     3 and the south section line of that sec. 3, T. 24 N., R. 12 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and 
     Salt River Base and Meridian, Mohave County, Arizona--
       (A) NE\1/4\SW\1/4\ sec. 9; and
       (B) NW\1/4\SE\1/4\ sec. 27.

[[Page S7323]]

       (6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
     Salt River Base and Meridian, Mohave County, Arizona--
       (A) SE\1/4\;
       (B) E\1/2\SW\1/4\; and
       (C) SW\1/4\SW\1/4\.
       (8) Valentine cemetery parcel.--W\1/2\NW\1/4\SW\1/4\ sec. 
     22, T. 23 N., R. 13 W., Gila and Salt River Base and 
     Meridian, Mohave County, Arizona, excepting and reserving to 
     the United States a right-of-way for ditches or canals 
     constructed by the authority of the United States, pursuant 
     to the Act of August 30, 1890 (43 U.S.C. 945).

     SEC. 12. TRUST LAND.

       (a) Land To Be Taken Into Trust.--
       (1) In general.--On the date of enactment of this Act, the 
     Secretary is authorized and directed to take legal title to 
     the land described in paragraph (2) and hold such land in 
     trust for the benefit of the Hualapai Tribe.
       (2) Cholla canyon ranch parcels.--The land referred to in 
     paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River 
     Base and Meridian, Mohave County, Arizona--
       (A) SW\1/4\ sec. 25; and
       (B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
       (b) Reservation Status.--The land taken into trust under 
     subsection (a) shall be part of the Hualapai Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe.
       (c) Valid Existing Rights.--The land taken into trust under 
     subsection (a) shall be subject to valid existing rights, 
     including easements, rights-of-way, contracts, and management 
     agreements.
       (d) Limitations.--Nothing in subsection (a) affects--
       (1) any water right of the Hualapai Tribe in existence 
     under State law before the date of enactment of this Act; or
       (2) any right or claim of the Hualapai Tribe to any land or 
     interest in land in existence before the date of enactment of 
     this Act.
       (e) Future Trust Land.--
       (1) New statutory requirement.--Effective beginning on the 
     date of enactment of this Act, and except as provided in 
     subsection (a), any land located in the State outside the 
     exterior boundaries of the Hualapai Reservation may only be 
     taken into trust by the United States for the benefit of the 
     Hualapai Tribe by an Act of Congress--
       (A) that specifically authorizes the transfer of the land 
     for the benefit of the Hualapai Tribe; and
       (B) the date of enactment of which is after the date of 
     enactment of this Act.
       (2) Water rights.--Any land taken into trust for the 
     benefit of the Hualapai Tribe under paragraph (1)--
       (A) shall include water rights only under State law; and
       (B) shall not include any federally reserved water rights.

     SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; 
                   WATER DELIVERY CONTRACT; COLORADO RIVER 
                   ACCOUNTING.

       (a) Reallocation to the Hualapai Tribe.--On the 
     Enforceability Date, the Secretary shall reallocate to the 
     Hualapai Tribe the Hualapai Tribe CAP water.
       (b) Firming.--
       (1) Hualapai tribe cap water.--Except as provided in 
     subsection (c)(2)(H), the Hualapai Tribe CAP water shall be 
     firmed as follows:
       (A) In accordance with section 105(b)(1)(B) of the Central 
     Arizona Project Settlement Act of 2004 (Public Law 108-451; 
     118 Stat. 3492), for the 100-year period beginning on January 
     1, 2008, the Secretary shall firm 557.50 AFY of the Hualapai 
     Tribe CAP water to the equivalent of CAP M&I priority water.
       (B) In accordance with section 105(b)(2)(B) of the Central 
     Arizona Project Settlement Act of 2004 (Public Law 108-451; 
     118 Stat. 3492), for the 100-year period beginning on January 
     1, 2008, the State shall firm 557.50 AFY of the Hualapai 
     Tribe CAP water to the equivalent of CAP M&I priority water.
       (2) Additional firming.--The Hualapai Tribe may, at the 
     expense of the Hualapai Tribe, take additional actions to 
     firm or supplement the Hualapai Tribe CAP water, including by 
     entering into agreements for that purpose with the Central 
     Arizona Water Conservation District, the Arizona Water 
     Banking Authority, or any other lawful authority, in 
     accordance with State law.
       (c) Hualapai Tribe Water Delivery Contract.--
       (1) In general.--In accordance with the Hualapai Tribe 
     water rights settlement agreement and the requirements 
     described in paragraph (2), the Secretary shall enter into 
     the Hualapai Tribe water delivery contract.
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are the following:
       (A) In general.--The Hualapai Tribe water delivery contract 
     shall--
       (i) be for permanent service (as that term is used in 
     section 5 of the Boulder Canyon Project Act (43 U.S.C. 
     617d));
       (ii) take effect on the Enforceability Date; and
       (iii) be without limit as to term.
       (B) Hualapai tribe cap water.--
       (i) In general.--The Hualapai Tribe CAP water may be 
     delivered for use in the lower basin in the State through--

       (I) the Hualapai Water Project; or
       (II) the CAP system.

       (ii) Method of delivery.--The Secretary shall authorize the 
     delivery of Hualapai Tribe CAP water under this subparagraph 
     to be effected by the diversion and use of water directly 
     from the Colorado River in the State.
       (C) Contractual delivery.--The Secretary shall deliver the 
     Hualapai Tribe CAP water to the Hualapai Tribe in accordance 
     with the terms and conditions of the Hualapai Tribe water 
     delivery contract.
       (D) Distribution of cap nia priority water.--
       (i) In general.--Except as provided in clause (ii), if, for 
     any year, the available CAP supply is insufficient to meet 
     all demands under CAP contracts and CAP subcontracts for the 
     delivery of CAP NIA priority water, the Secretary and the CAP 
     operating agency shall prorate the available CAP NIA priority 
     water among the CAP contractors and CAP subcontractors 
     holding contractual entitlements to CAP NIA priority water on 
     the basis of the quantity of CAP NIA priority water used by 
     each such CAP contractor and CAP subcontractor in the last 
     year in which the available CAP supply was sufficient to fill 
     all orders for CAP NIA priority water.
       (ii) Exception.--

       (I) In general.--Notwithstanding clause (i), if the 
     available CAP supply is insufficient to meet all demands 
     under CAP contracts and CAP subcontracts for the delivery of 
     CAP NIA priority water in the year following the year in 
     which the Enforceability Date occurs, the Secretary shall 
     assume that the Hualapai Tribe used the full volume of 
     Hualapai Tribe CAP water in the last year in which the 
     available CAP supply was sufficient to fill all orders for 
     CAP NIA priority water.
       (II) Continuation.--The assumption described in subclause 
     (I) shall continue until the available CAP supply is 
     sufficient to meet all demands under CAP contracts and CAP 
     subcontracts for the delivery of CAP NIA priority water.
       (III) Determination.--The Secretary shall determine the 
     quantity of CAP NIA priority water used by the Gila River 
     Indian Community and the Tohono O'odham Nation in the last 
     year in which the available CAP supply was sufficient to fill 
     all orders for CAP NIA priority water in a manner consistent 
     with the settlement agreements with those Tribes.

       (E) Leases and exchanges of hualapai tribe cap water.--On 
     and after the date on which the Hualapai Tribe water delivery 
     contract becomes effective, the Hualapai Tribe may, with the 
     approval of the Secretary, enter into contracts or options to 
     lease, or contracts or options to exchange, the Hualapai 
     Tribe CAP water within the lower basin in the State, and not 
     in Navajo, Apache, or Cochise Counties, providing for the 
     temporary delivery to other persons of any portion of 
     Hualapai Tribe CAP water.
       (F) Term of leases and exchanges.--
       (i) Leasing.--Contracts or options to lease under 
     subparagraph (E) shall be for a term of not more than 100 
     years.
       (ii) Exchanging.--Contracts or options to exchange under 
     subparagraph (E) shall be for the term provided for in the 
     contract or option, as applicable.
       (iii) Renegotiation.--The Hualapai Tribe may, with the 
     approval of the Secretary, renegotiate any lease described in 
     subparagraph (E), at any time during the term of the lease, 
     if the term of the renegotiated lease does not exceed 100 
     years.
       (G) Prohibition on permanent alienation.--No Hualapai Tribe 
     CAP water may be permanently alienated.
       (H) No firming of leased water.--The firming obligations 
     described in subsection (b)(1) shall not apply to any 
     Hualapai Tribe CAP water leased by the Hualapai Tribe to 
     another person.
       (I) Entitlement to lease and exchange funds; obligations of 
     united states.--
       (i) Entitlement.--

       (I) In general.--The Hualapai Tribe shall be entitled to 
     all consideration due to the Hualapai Tribe under any 
     contract to lease, option to lease, contract to exchange, or 
     option to exchange the Hualapai Tribe CAP water entered into 
     by the Hualapai Tribe.
       (II) Exclusion.--The United States shall not, in any 
     capacity, be entitled to the consideration described in 
     subclause (I).

       (ii) Obligations of united states.--The United States shall 
     not, in any capacity, have any trust or other obligation to 
     monitor, administer, or account for, in any manner, any funds 
     received by the Hualapai Tribe as consideration under any 
     contract to lease, option to lease, contract to exchange, or 
     option to exchange the Hualapai Tribe CAP water entered into 
     by the Hualapai Tribe, except in a case in which the Hualapai 
     Tribe deposits the proceeds of any lease, option to lease, 
     contract to exchange, or option to exchange into an account 
     held in trust for the Hualapai Tribe by the United States.
       (J) Water use and storage.--
       (i) In general.--The Hualapai Tribe may use the Hualapai 
     Tribe CAP water on or off the Hualapai Reservation within the 
     lower basin in the State for any purpose.
       (ii) Storage.--The Hualapai Tribe, in accordance with State 
     law, may store the Hualapai Tribe CAP water at 1 or more 
     underground storage facilities or groundwater savings 
     facilities, subject to the condition that, if the Hualapai 
     Tribe stores Hualapai Tribe CAP water that has been firmed 
     pursuant to subsection (b)(1), the stored water may only be--

       (I) used by the Hualapai Tribe; or

[[Page S7324]]

       (II) exchanged by the Hualapai Tribe for water that will be 
     used by the Hualapai Tribe.

       (iii) Assignment.--The Hualapai Tribe, in accordance with 
     State law, may assign any long-term storage credit accrued as 
     a result of storage described in clause (ii), subject to the 
     condition that the Hualapai Tribe shall not assign any long-
     term storage credit accrued as a result of the storage of 
     Hualapai Tribe CAP water that has been firmed pursuant to 
     subsection (b)(1).
       (K) Use outside state.--The Hualapai Tribe may not use, 
     lease, exchange, forbear, or otherwise transfer any Hualapai 
     Tribe CAP water for use directly or indirectly outside of the 
     lower basin in the State.
       (L) Cap fixed om&r charges.--
       (i) In general.--The CAP operating agency shall be paid the 
     CAP fixed OM&R charges associated with the delivery of all 
     Hualapai Tribe CAP water.
       (ii) Payment of charges.--Except as provided in 
     subparagraph (O), all CAP fixed OM&R charges associated with 
     the delivery of the Hualapai Tribe CAP water to the Hualapai 
     Tribe shall be paid by--

       (I) the Secretary, pursuant to section 403(f)(2)(A) of the 
     Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(A)), 
     subject to the condition that funds for that payment are 
     available in the Lower Colorado River Basin Development Fund; 
     and
       (II) if the funds described in subclause (I) become 
     unavailable, the Hualapai Tribe.

       (M) Cap pumping energy charges.--
       (i) In general.--The CAP operating agency shall be paid the 
     CAP pumping energy charges associated with the delivery of 
     Hualapai Tribe CAP water only in cases in which the CAP 
     system is used for the delivery of that water.
       (ii) Payment of charges.--Except for CAP water not 
     delivered through the CAP system, which does not incur a CAP 
     pumping energy charge, or water delivered to other persons as 
     described in subparagraph (O), any applicable CAP pumping 
     energy charges associated with the delivery of the Hualapai 
     Tribe CAP water shall be paid by the Hualapai Tribe.
       (N) Waiver of property tax equivalency payments.--No 
     property tax or in-lieu property tax equivalency shall be due 
     or payable by the Hualapai Tribe for the delivery of CAP 
     water or for the storage of CAP water in an underground 
     storage facility or groundwater savings facility.
       (O) Lessee responsibility for charges.--
       (i) In general.--Any lease or option to lease providing for 
     the temporary delivery to other persons of any Hualapai Tribe 
     CAP water shall require the lessee to pay the CAP operating 
     agency all CAP fixed OM&R charges and all CAP pumping energy 
     charges associated with the delivery of the leased water.
       (ii) No responsibility for payment.--Neither the Hualapai 
     Tribe nor the United States in any capacity shall be 
     responsible for the payment of any charges associated with 
     the delivery of the Hualapai Tribe CAP water leased to other 
     persons.
       (P) Advance payment.--No Hualapai Tribe CAP water shall be 
     delivered unless the CAP fixed OM&R charges and any 
     applicable CAP pumping energy charges associated with the 
     delivery of that water have been paid in advance.
       (Q) Calculation.--The charges for delivery of the Hualapai 
     Tribe CAP water pursuant to the Hualapai Tribe water delivery 
     contract shall be calculated in accordance with the CAP 
     repayment stipulation.
       (R) Cap repayment.--For purposes of determining the 
     allocation and repayment of costs of any stages of the CAP 
     system constructed after November 21, 2007, the costs 
     associated with the delivery of the Hualapai Tribe CAP water, 
     regardless of whether the Hualapai Tribe CAP water is 
     delivered for use by the Hualapai Tribe or in accordance with 
     any lease, option to lease, exchange, or option to exchange 
     providing for the delivery to other persons of the Hualapai 
     Tribe CAP water, shall be--
       (i) nonreimbursable; and
       (ii) excluded from the repayment obligation of the Central 
     Arizona Water Conservation District.
       (S) Nonreimbursable cap construction costs.--
       (i) In general.--With respect to the costs associated with 
     the construction of the CAP system allocable to the Hualapai 
     Tribe--

       (I) the costs shall be nonreimbursable; and
       (II) the Hualapai Tribe shall have no repayment obligation 
     for the costs.

       (ii) Capital charges.--No CAP water service capital charges 
     shall be due or payable for the Hualapai Tribe CAP water, 
     regardless of whether the Hualapai Tribe CAP water is 
     delivered--

       (I) for use by the Hualapai Tribe; or
       (II) under any lease, option to lease, exchange, or option 
     to exchange entered into by the Hualapai Tribe.

       (d) Colorado River Accounting.--All Hualapai Tribe CAP 
     water diverted directly from the Colorado River shall be 
     accounted for as deliveries of CAP water within the State.

     SEC. 14. ENFORCEABILITY DATE.

       (a) In General.--Except as provided in subsection (d), the 
     Hualapai Tribe water rights settlement agreement, including 
     the waivers and releases of claims described in section 9, 
     shall take effect and be fully enforceable on the date on 
     which the Secretary publishes in the Federal Register a 
     statement of findings that--
       (1) to the extent the Hualapai Tribe water rights 
     settlement agreement conflicts with this Act--
       (A) the Hualapai Tribe water rights settlement agreement 
     has been revised through an amendment to eliminate the 
     conflict; and
       (B) the revised Hualapai Tribe water rights settlement 
     agreement, including any exhibits requiring execution by any 
     party to the Hualapai Tribe water rights settlement 
     agreement, has been executed by the required party;
       (2) the waivers and releases of claims described in section 
     9 have been executed by the Hualapai Tribe and the United 
     States;
       (3) the abstracts referred to in subparagraphs 4.8.1.2, 
     4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights 
     settlement agreement have been completed by the Hualapai 
     Tribe;
       (4) the full amount described in section 7(a)(1), as 
     adjusted by section 7(b), has been deposited in the Hualapai 
     Water Trust Fund Account;
       (5) the Gila River adjudication decree has been approved by 
     the Gila River adjudication court substantially in the form 
     of the judgment and decree attached to the Hualapai Tribe 
     water rights settlement agreement as Exhibit 3.1.43, as 
     amended to ensure consistency with this Act; and
       (6) the Secretary has executed the Hualapai Tribe water 
     delivery contract described in section 13(c).
       (b) Repeal on Failure To Meet Enforceability Date.--
       (1) In general.--Except as provided in paragraph (2), if 
     the Secretary fails to publish in the Federal Register a 
     statement of findings under subsection (a) by April 15, 2029, 
     or such alternative later date as may be agreed to by the 
     Hualapai Tribe, the Secretary, and the State--
       (A) this Act is repealed;
       (B) any action taken by the Secretary and any contract or 
     agreement entered into pursuant to this Act shall be void; 
     and
       (C) any amounts appropriated under section 7, together with 
     any investment earnings on those amounts, less any amounts 
     expended under section 6(a)(4)(B), shall revert immediately 
     to the general fund of the Treasury.
       (2) Severability.--Notwithstanding paragraph (1), if the 
     Secretary fails to publish in the Federal Register a 
     statement of findings under subsection (a) by April 15, 2029, 
     or such alternative later date as may be agreed to by the 
     Hualapai Tribe, the Secretary, and the State, section 11 and 
     subsections (a), (b), (c), and (d) of section 12 shall remain 
     in effect.
       (c) Right To Offset.--If the Secretary has not published in 
     the Federal Register the statement of findings under 
     subsection (a) by April 15, 2029, or such alternative later 
     date as may be agreed to by the Hualapai Tribe, the 
     Secretary, and the State, the United States shall be entitled 
     to offset any Federal amounts made available under section 
     6(a)(4)(B) that were used or authorized for any use under 
     that section against any claim asserted by the Hualapai Tribe 
     against the United States described in section 9(a)(2)(A).
       (d) Bill Williams River Phase 2 Enforceability Date.--
     Notwithstanding any other provision of this Act, the Bill 
     Williams River phase 2 water rights settlement agreement 
     (including the waivers and releases described in section 9(d) 
     of this Act and section 5 of the Bill Williams River phase 2 
     water rights settlement agreement) shall take effect and 
     become enforceable among the parties to the Bill Williams 
     River phase 2 water rights settlement agreement on the date 
     on which all of the following conditions have occurred:
       (1) The Hualapai Tribe water rights settlement agreement 
     becomes enforceable pursuant to subsection (a).
       (2) Freeport has submitted to the Arizona Department of 
     Water Resources a conditional withdrawal of any objection to 
     the Bill Williams River watershed instream flow applications 
     pursuant to section 4.4(i) of the Bill Williams River phase 2 
     water rights settlement agreement, which withdrawal shall 
     take effect on the Bill Williams River Phase 2 Enforceability 
     Date described in this subsection.
       (3) Not later than the Enforceability Date, the Arizona 
     Department of Water Resources has issued an appealable, 
     conditional decision and order for the Bill Williams River 
     watershed instream flow applications pursuant to section 
     4.4(iii) of the Bill Williams River phase 2 water rights 
     settlement agreement, which order shall become nonconditional 
     and effective on the Bill Williams River Phase 2 
     Enforceability Date described in this subsection.
       (4) The conditional decision and order described in 
     paragraph (3)--
       (A) becomes final; and
       (B) is not subject to any further appeal.

     SEC. 15. ADMINISTRATION.

       (a) Limited Waiver of Sovereign Immunity.--
       (1) Waiver.--
       (A) In general.--In any circumstance described in paragraph 
     (2)--
       (i) the United States or the Hualapai Tribe may be joined 
     in the action described in the applicable subparagraph of 
     that paragraph; and
       (ii) subject to subparagraph (B), any claim by the United 
     States or the Hualapai Tribe to sovereign immunity from the 
     action is waived.
       (B) Limitation.--A waiver under subparagraph (A)(ii)--
       (i) shall only be for the limited and sole purpose of the 
     interpretation or enforcement of--

[[Page S7325]]

       (I) this Act;
       (II) the Hualapai Tribe water rights settlement agreement, 
     as ratified by this Act; or
       (III) the Bill Williams River phase 2 water right 
     settlement agreement, as ratified by this Act; and

       (ii) shall not include any award against the United States 
     or the Hualapai Tribe for money damages, court costs, or 
     attorney fees.
       (2) Circumstances described.--A circumstance referred to in 
     paragraph (1)(A) is any of the following:
       (A) Any party to the Hualapai Tribe water rights settlement 
     agreement--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) this Act; or
       (II) the Hualapai Tribe water rights settlement agreement; 
     and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (B) Any landowner or water user in the Verde River 
     Watershed--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) paragraph 10.0 of the Hualapai Tribe water rights 
     settlement agreement;
       (II) Exhibit 3.1.43 to the Hualapai Tribe water rights 
     settlement agreement; or
       (III) section 9; and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (C) Any party to the Bill Williams River phase 2 settlement 
     agreement--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) this Act; or
       (II) the Bill Williams River phase 2 settlement agreement; 
     and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (b) Effect on Current Law.--Nothing in this section alters 
     the law with respect to pre-enforcement review of Federal 
     environmental or safety-related enforcement actions.
       (c) Basin Groundwater Withdrawal Estimates.--
       (1) Groundwater withdrawal estimates.--
       (A) In general.--Not later than 1 year of the date of 
     enactment of this Act, the Secretary, acting through the 
     United States Geological Survey Water Use Program, shall 
     issue an estimate for groundwater withdrawals in the Truxton 
     Basin outside the boundaries of the Hualapai Reservation.
       (B) Annual estimates.--Each year after publication of the 
     initial estimate required by subparagraph (A), the Secretary, 
     acting through the United States Geological Survey Water Use 
     Program, shall issue an estimate for groundwater withdrawals 
     in the Truxton Basin outside the boundaries of the Hualapai 
     Reservation until such time as the Secretary, after 
     consultation with the Hualapai Tribe, determines that annual 
     estimates are not warranted.
       (2) Notice to the state.--Based on the estimates under 
     paragraph (1), the Secretary shall notify the State, in 
     writing, if the total withdrawal of groundwater from the 
     Truxton Basin outside the boundaries of the Hualapai 
     Reservation exceeds the estimate prepared pursuant to that 
     paragraph by 3,000 or more AFY, exclusive of any diversion or 
     use of groundwater on Hualapai fee land and any land acquired 
     by the Hualapai Tribe, including by a tribally owned 
     corporation, in fee after the Enforceability Date.
       (d) Antideficiency.--Notwithstanding any authorization of 
     appropriations to carry out this Act, the United States shall 
     not be liable for any failure of the United States to carry 
     out any obligation or activity authorized by this Act 
     (including all agreements or exhibits ratified or confirmed 
     by this Act) if--
       (1) adequate appropriations are not provided expressly by 
     Congress to carry out the purposes of this Act; or
       (2) there are not enough monies available to carry out this 
     Act in the Lower Colorado River Basin Development Fund.
       (e) Application of Reclamation Reform Act of 1982.--The 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 
     any other acreage limitation or full-cost pricing provision 
     of Federal law shall not apply to any person, entity, or 
     tract of land solely on the basis of--
       (1) receipt of any benefit under this Act;
       (2) execution or performance of this Act; or
       (3) the use, storage, delivery, lease, or exchange of CAP 
     water.
       (f) Effect.--
       (1) No modification or preemption of other law.--Unless 
     expressly provided in this Act, nothing in this Act modifies, 
     conflicts with, preempts, or otherwise affects--
       (A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (B) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
     618 et seq.);
       (C) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (D) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885);
       (E) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (F) the Colorado River Compact;
       (G) the Upper Colorado River Basin Compact;
       (H) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991); or
       (I) case law concerning water rights in the Colorado River 
     system other than any case to enforce the Hualapai Tribe 
     water rights settlement agreement or this Act.
       (2) Effect on agreements.--Nothing in this Act or the 
     Hualapai Tribe water rights settlement agreement limits the 
     right of the Hualapai Tribe to enter into any agreement for 
     the storage or banking of water in accordance with State law 
     with--
       (A) the Arizona Water Banking Authority (or a successor 
     agency or entity); or
       (B) any other lawful authority.
       (3) Effect of act.--Nothing in this Act--
       (A) quantifies or otherwise affects the water rights, 
     claims, or entitlements to water of any Indian Tribe other 
     than the Hualapai Tribe;
       (B) affects the ability of the United States to take action 
     on behalf of any Indian Tribe other than the Hualapai Tribe, 
     the members of the Hualapai Tribe, and the allottees; or
       (C) limits the right of the Hualapai Tribe to use any water 
     of the Hualapai Tribe in any location on the Hualapai 
     Reservation.
                                 ______
                                 
  SA 6548. Mr. KELLY (for Mrs. Blackburn) proposed an amendment to the 
bill S. 365, to amend title 18, United States Code, to require a 
provider of a report to the CyberTipline related to online sexual 
exploitation of children to preserve the contents of such report for 
180 days, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Eliminate Network 
     Distribution of Child Exploitation Act'' or the ``END Child 
     Exploitation Act''.

     SEC. 2. PRESERVATION OF REPORTS TO CYBERTIPLINE RELATED TO 
                   ONLINE SEXUAL EXPLOITATION OF CHILDREN.

       Section 2258A(h) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``90 days'' and inserting 
     ``180 days''; and
       (2) by adding at the end the following:
       ``(5) Extension of preservation.--A provider of a report to 
     the CyberTipline under subsection (a)(1) may voluntarily 
     preserve the contents provided in the report (including any 
     comingled content described in paragraph (2)) for longer than 
     180 days after the submission to the CyberTipline for the 
     purpose of reducing the proliferation of online child sexual 
     exploitation or preventing the online sexual exploitation of 
     children.
       ``(6) Method of preservation.--Not later than 1 year after 
     the date of enactment of this paragraph, a provider of a 
     report to the CyberTipline under subsection (a)(1) shall 
     preserve materials under this subsection in a manner that is 
     consistent with most recent version of the Cybersecurity 
     Framework developed by the National Institute of Standards 
     and Technology, or a successor resource.''.
                                 ______
                                 
  SA 6549. Mr. KELLY (for Mr. Grassley (for himself and Mr. Ossoff)) 
proposed an amendment to the bill S. 4719, to protect children against 
sexual abuse and exploitation, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventing Child Sex Abuse 
     Act of 2022''.

     SEC. 2. SENSE OF CONGRESS.

       The sense of Congress is the following:
       (1) The safety of children should be a top priority for 
     public officials and communities in the United States.
       (2) According to the Rape, Abuse & Incest National Network, 
     an individual in the United States is sexually assaulted 
     every 68 seconds. And every 9 minutes, that victim is a 
     child. Meanwhile, only 25 out of every 1,000 perpetrators 
     will end up in prison.
       (3) The effects of child sexual abuse can be long-lasting 
     and affect the victim's mental health.
       (4) Victims are more likely than non-victims to experience 
     the following mental health challenges:
       (A) Victims are about 4 times more likely to develop 
     symptoms of drug abuse.
       (B) Victims are about 4 times more likely to experience 
     post-traumatic stress disorder as adults.
       (C) Victims are about 3 times more likely to experience a 
     major depressive episode as adults.
       (5) The criminal justice system should and has acted as an 
     important line of defense to protect children and hold 
     perpetrators accountable.
       (6) However, the horrific crimes perpetuated by Larry 
     Nassar demonstrate firsthand the loopholes that still exist 
     in the criminal justice system. While Larry Nassar was found 
     guilty of several State-level offenses, he was not charged 
     federally for his illicit sexual contact with minors, despite 
     crossing State and international borders to commit this 
     conduct.
       (7) The Department of Justice has also identified a growing 
     trend of Americans who use charitable or missionary work in a 
     foreign country as a cover for sexual abuse of children.
       (8) It is the intent of Congress to prohibit Americans from 
     engaging in sexual abuse or exploitation of minors under the 
     guise of

[[Page S7326]]

     work, including volunteer work, with an organization that 
     affects interstate or foreign commerce, such as an 
     international charity.
       (9) Federal law does not require that an abuser's intention 
     to engage in sexual abuse be a primary, significant, 
     dominant, or motivating purpose of the travel.
       (10) Child sexual abuse does not require physical contact 
     between the abuser and the child. This is especially true as 
     perpetrators turn increasingly to internet platforms, online 
     chat rooms, and webcams to commit child sexual abuse.
       (11) However, a decision of the United States Court of 
     Appeals for the Seventh Circuit found the use of a webcam to 
     engage in sexually provocative activity with a minor did not 
     qualify as ``sexual activity''.
       (12) Congress can address this issue by amending the 
     definition of the term ``sexual activity'' to clarify that it 
     does not require interpersonal, physical contact.
       (13) It is the duty of Congress to provide clearer guidance 
     to ensure that those who commit crimes against children are 
     prosecuted to the fullest extent of the law.

     SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.

       Section 2423 of title 18, United States Code, is amended--
       (1) in subsection (b), by striking ``with a motivating 
     purpose of engaging in any illicit sexual conduct with 
     another person'' and inserting ``with intent to engage in any 
     illicit sexual conduct with another person'';
       (2) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (i), respectively;
       (3) in subsection (e), as so redesignated, by striking 
     ``with a motivating purpose of engaging in any illicit sexual 
     conduct'' and inserting ``with intent to engage in any 
     illicit sexual conduct''; and
       (4) by inserting after subsection (g), as so redesignated, 
     the following:
       ``(h) Rule of Construction.--As used in this section, the 
     term `intent' shall be construed as any intention to engage 
     in illicit sexual conduct at the time of the travel.''.

     SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.

       Section 2423 of title 18, United States Code, as amended by 
     section 3 of this Act, is amended--
       (1) by inserting after subsection (c) the following:
       ``(d) Illicit Sexual Conduct in Connection With Certain 
     Organizations.--Any citizen of the United States or alien 
     admitted for permanent residence who--
       ``(1) is an officer, director, employee, or agent of an 
     organization that affects interstate or foreign commerce;
       ``(2) makes use of the mails or any means or 
     instrumentality of interstate or foreign commerce through the 
     connection or affiliation of the person with such 
     organization; and
       ``(3) commits an act in furtherance of illicit sexual 
     conduct through the connection or affiliation of the person 
     with such organization,
     shall be fined under this title, imprisoned for not more than 
     30 years, or both.'';
       (2) in subsection (f), as so redesignated, by striking ``or 
     (d)'' and inserting ``(d), or (e)''; and
       (3) in subsection (i), as so redesignated, by striking 
     ``(f)(2)'' and inserting ``(g)(2)''.

     SEC. 5. SEXUAL ACTIVITY WITH MINORS.

       Section 2427 of title 18, United States Code, is amended by 
     inserting ``does not require interpersonal physical contact, 
     and'' before ``includes''.
                                 ______
                                 
  SA 6550. Mr. KELLY (for Mr. Tester) proposed an amendment to the bill 
S. 3388, to amend title 38, United States Code, to improve benefits 
administered by the Secretary of Veterans Affairs, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans 
     Benefits Improvement Act of 2021''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

Sec. 101. Board of Veterans' Appeals internship program.
Sec. 102. Pilot program on establishment of Board of Veterans' Appeals 
              honors program.
Sec. 103. Report on improving access to Board of Veterans' Appeals 
              telehearings.

               TITLE II--MEDICAL DISABILITY EXAM MATTERS

Sec. 201. Improving requirement to publish disability benefit 
              questionnaire forms of Department of Veterans Affairs.
Sec. 202. Report on improving medical disability examinations for 
              veterans who live abroad.
Sec. 203. Department of Veterans Affairs requirement for communication 
              by contractors providing covered medical disability 
              examinations with persons recognized by power of attorney 
              for preparation, presentation, and prosecution of claims.
Sec. 204. Department of Veterans Affairs outreach regarding contact 
              information for contractors providing covered medical 
              disability examinations.

                        TITLE III--OTHER MATTERS

Sec. 301. Report on supporting governmental veterans service officers.
Sec. 302. Facilitating Department of Veterans Affairs contractor access 
              to federal tax return information necessary for claims 
              processing.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Claimant.--The term ``claimant'' has the meaning given 
     that term in section 5100 of title 38, United States Code.
       (2) Department.--The term ``Department'' means the 
     Department of Veterans Affairs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Veterans Affairs.

              TITLE I--BOARD OF VETERANS' APPEALS MATTERS

     SEC. 101. BOARD OF VETERANS' APPEALS INTERNSHIP PROGRAM.

       (a) In General.--Chapter 71 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 7114. Internship program

       ``The Secretary shall establish a competitive internship 
     program within the Department for the purpose of providing an 
     opportunity for high-achieving students at law schools 
     accredited by the American Bar Association to gain experience 
     with the Board.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 71 of such title is amended by adding at 
     the end the following new item:
``7114. Internship program.''.
       (c) Deadline.--The Secretary shall establish the internship 
     program required by section 7114 of such title, as added by 
     subsection (a), not later than one year after the date of the 
     enactment of this Act.

     SEC. 102. PILOT PROGRAM ON ESTABLISHMENT OF BOARD OF 
                   VETERANS' APPEALS HONORS PROGRAM.

       (a) Establishment.--Not later than one year after the date 
     of the enactment of this Act, the Secretary shall establish a 
     pilot program to assess the feasibility and advisability of 
     establishing a competitive honors program within the 
     Department for the purpose of recruiting high-achieving law 
     school students, recent law school graduates, and entry-level 
     attorneys for employment with the Board.
       (b) Duration.--The Secretary shall carry out the pilot 
     program required by subsection (a) during the nine-year 
     period beginning on the date of the establishment of the 
     pilot program.
       (c) Honors Program.--
       (1) In general.--Under the pilot program required by 
     subsection (a), the Secretary shall carry out a competitive 
     honors program as described in such subsection.
       (2) Priority consideration.--The Secretary shall give 
     priority consideration in application for the honors program 
     to individuals who successfully complete the internship 
     program established under section 7114 of title 38, United 
     States Code, as added by section 101(a).
       (3) Student loan repayment benefits.--
       (A) In general.--The Secretary shall provide student loan 
     repayment benefits under section 5379 of title 5, United 
     States Code, to each participant in the pilot program who is 
     eligible for student loan repayment benefits under such 
     section.
       (B) Agreements.--The Secretary shall enter into an 
     agreement with each participant in the pilot program who will 
     receive benefits described in subparagraph (A), in accordance 
     with such section.
       (C) Commitment.-- An agreement described in subparagraph 
     (B) shall include a requirement that the participant will 
     remain in the service of the Department for a period of not 
     less than three years, unless involuntarily separated, in 
     accordance with subsection (c) of such section.
       (4) Professional development activities.--
       (A) Assignment of mentors.--Not later than 90 days after 
     the date on which an individual begins participating in the 
     pilot program required by subsection (a), the Secretary shall 
     assign the participant a mentor who is a managerial employee 
     of the Department outside the participant's chain of command.
       (B) Assignments to office of general counsel.--
       (i) In general.--The Secretary shall provide each 
     participant in the pilot program at least one assignment 
     within the Office of General Counsel of the Department that 
     includes full-time legal responsibilities in order to further 
     the professional development of the participant.
       (ii) Period of assignment.--An assignment provided under 
     clause (i) shall be for a period of not less than 120 days 
     and not more than 180 days, or longer at the discretion of 
     the Secretary.
       (C) Other rotational assignments.--
       (i) In general.--The Secretary may provide a participant in 
     the pilot program one or more other short-term rotational 
     assignments.
       (ii) Period of assignment.--An assignment provided under 
     clause (i) shall be for a period of not less than 30 days and 
     not more than 180 days, at the discretion of the Secretary.
       (d) Periodic Reports.--
       (1) Reports required.--Not later than three years after the 
     date on which the Secretary first accepts a participant into 
     the

[[Page S7327]]

     honors program carried out under subsection (c)(1) and not 
     less frequently than once every three years 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 findings of the Secretary with respect to the 
     feasibility and advisability of establishing a competitive 
     honors program as described in subsection (a).
       (B) Such recommendations as the Secretary may have for 
     legislative or administrative action to improve recruitment 
     and retention of staff at the Board of Veterans' Appeals.

     SEC. 103. REPORT ON IMPROVING ACCESS TO BOARD OF VETERANS' 
                   APPEALS TELEHEARINGS.

       (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 improving access to hearings 
     before the Board of Veterans' Appeals held by picture and 
     voice transmission.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Recommendations on the feasibility and advisability of 
     reimbursing veterans for expenses incurred for travel from 
     the home of a veteran to the location at which a hearing 
     before the Board of Veterans' Appeals is held by picture and 
     voice transmission, if the Secretary determines that travel 
     to such location is reasonably necessary for such a hearing;
       (2) Recommendations on establishment of pilot programs to 
     assess the feasibility and advisability of using other 
     methods that could improve veteran access to hearings before 
     the Board of Veterans' Appeals held by picture and voice 
     transmission from a veteran's home.
       (3) Such other recommendations to improve access to 
     hearings before the Board of Veterans' Appeals held by 
     picture and voice transmission as the Secretary may receive 
     from stakeholders.

               TITLE II--MEDICAL DISABILITY EXAM MATTERS

     SEC. 201. IMPROVING REQUIREMENT TO PUBLISH DISABILITY BENEFIT 
                   QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       Section 5101(d) of title 38, United States Code, is 
     amended--
       (1) in paragraph (1)(A), by striking ``; and'' and 
     inserting ``, including (except as provided in paragraph 
     (4)(A))--
       ``(i) all disability benefit questionnaire forms available 
     to personnel of the Veterans Health Administration and 
     contracted personnel for the completion of compensation and 
     pension examinations; and
       ``(ii) all factsheets available to such personnel to inform 
     completion of such examinations; and''; and
       (2) by adding at the end the following new paragraph:
       ``(4)(A) The Secretary may exclude from publication under 
     clauses (i) and (ii) of paragraph (1)(A) any form described 
     in subparagraph (B) of this paragraph that the Secretary 
     determines could not reasonably be completed to a clinically 
     acceptable standard by someone not an employee or a 
     contractor of the Department.
       ``(B) A form described in this subparagraph is a form 
     that--
       ``(i) was in effect after January 1, 2020; and
       ``(ii) has not been published under paragraph (1).
       ``(C) For each form excluded under subparagraph (A), the 
     Secretary shall--
       ``(i) list the form on the same internet website as the 
     forms published under paragraph (1)(A) with an indication 
     that the form has been excluded; and
       ``(ii) provide with such listing a justification for such 
     exclusion.''.

     SEC. 202. REPORT ON IMPROVING MEDICAL DISABILITY EXAMINATIONS 
                   FOR VETERANS WHO LIVE ABROAD.

       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 efforts of the Secretary to provide reimbursement for a 
     veteran's travel to a Department facility or a facility of a 
     Department-contracted provider, regardless of whether the 
     facility is inside or outside the United States, when such 
     travel is incident to a scheduled compensation and pension 
     examination.

     SEC. 203. DEPARTMENT OF VETERANS AFFAIRS REQUIREMENT FOR 
                   COMMUNICATION BY CONTRACTORS PROVIDING COVERED 
                   MEDICAL DISABILITY EXAMINATIONS WITH PERSONS 
                   RECOGNIZED BY POWER OF ATTORNEY FOR 
                   PREPARATION, PRESENTATION, AND PROSECUTION OF 
                   CLAIMS.

       (a) In General.--In each contract entered into by the 
     Secretary after the date of the enactment of this Act for the 
     provision by a contractor of a covered medical disability 
     examination, the Secretary shall include a requirement that 
     every communication from a contractor to a veteran regarding 
     the scheduling of a covered medical disability examination be 
     contemporaneously transmitted to the person recognized by a 
     power of attorney executed under sections 5902, 5903, and 
     5904 of title 38, United States Code, for the preparation, 
     presentation, and prosecution of claims.
       (b) Definition.--In this section, the term ``covered 
     medical disability examination'' means a medical examination 
     that the Secretary determines necessary for the purposes of 
     adjudicating a benefit under chapter 11 or 15 of title 38, 
     United States Code.

     SEC. 204. DEPARTMENT OF VETERANS AFFAIRS OUTREACH REGARDING 
                   CONTACT INFORMATION FOR CONTRACTORS PROVIDING 
                   COVERED MEDICAL DISABILITY EXAMINATIONS.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Veterans Affairs shall, in partnership 
     with veterans service organizations and such other 
     stakeholders as the Secretary considers relevant and 
     appropriate, implement an informative outreach program for 
     veterans regarding the following:
       (1) Contact information for contractors providing covered 
     medical disability examinations, including the telephone 
     numbers from which such contractors may contact veterans.
       (2) The requirement for veterans to provide personally 
     identifiable information when contacted by such contractors 
     in order to verify their identity.

                        TITLE III--OTHER MATTERS

     SEC. 301. REPORT ON SUPPORTING GOVERNMENTAL VETERANS SERVICE 
                   OFFICERS.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act and after consulting veterans service 
     organizations and such other stakeholders as the Secretary 
     considers relevant and appropriate, 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 improving the support by the 
     Department of Veterans Affairs of governmental veterans 
     service officers.
       (b) Elements.--The report submitted under subsection (a) 
     shall include the following:
       (1) Enhanced access to systems.--An assessment of the 
     feasibility and current technical limitations of providing 
     governmental veterans service officers enhanced access to 
     certain Department systems to better serve veterans those 
     governmental service officers may not have authorization to 
     represent.
       (2) Intergovernmental liaisons.--An assessment as to 
     whether the Department would benefit from the establishment 
     or designation of an office or working group within the 
     Department to serve as an intergovernmental liaison between 
     the Department and governmental veterans service officers.
       (3) Other.--Any other recommendations to improve how the 
     Department monitors, coordinates with, or provides support to 
     governmental veterans service officers.
       (c) Definitions.--In this section:
       (1) Governmental veterans service officer.--The term 
     ``governmental veterans service officer'' means an employee 
     of a State, county, municipal, or Tribal government--
       (A) who is accredited by at least one veterans service 
     organization to serve as a veterans service officer; and
       (B) whose primary responsibilities include working as such 
     an officer.
       (2) Veterans service organization.--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.

     SEC. 302. FACILITATING DEPARTMENT OF VETERANS AFFAIRS 
                   CONTRACTOR ACCESS TO FEDERAL TAX RETURN 
                   INFORMATION NECESSARY FOR CLAIMS PROCESSING.

       (a) In General.--Section 6103(l)(7) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new subparagraph:
       ``(E) Redisclosures.--
       ``(i) In general.--Officers and employees of the Department 
     of Veterans Affairs who are specifically designated by the 
     Secretary of Veterans Affairs may redisclose return 
     information described in subparagraphs (A) and (B) to 
     contractors of such Department administering (or assisting in 
     administering) a program listed in subparagraph (D)(viii).
       ``(ii) Restrictions on use of information.--Information 
     disclosed under this subparagraph shall be disclosed only for 
     purposes of, and to the extent necessary in, determining 
     eligibility for, or the correct amount of, benefits under a 
     program listed in subparagraph (D)(viii).''.
       (b) Conforming Amendment.--Section 6103(a)(3) of such Code 
     is amended by inserting ``(7)(E),'' after ``(6),''.
       (c) Safeguards.--Section 6103(p)(4) of such Code is amended 
     by striking ``subsection (l)(10)'' each place it appears and 
     inserting ``subsection (l)(7), (10)''.
                                 ______
                                 
  SA 6551. Mr. KELLY (for Mr. Barrasso (for himself and Ms. Smith)) 
proposed an amendment to the bill S. 4978, to amend the Public Health 
Service Act to reauthorize the State offices of rural health program; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``State Offices of Rural 
     Health Program Reauthorization Act of 2022''.

[[Page S7328]]

  


     SEC. 2. STATE OFFICES OF RURAL HEALTH.

       Section 338J(i)(1) of the Public Health Service Act (42 
     U.S.C. 254r(i)(1)) is amended by striking ``fiscal years 2018 
     through 2022'' and inserting ``fiscal years 2023 through 
     2027''.
                                 ______
                                 
  SA 6552. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2617, to amend section 1115 of title 31, United 
States Code, to amend the description of how performance goals are 
achieved, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     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 JJ--NORTH ATLANTIC RIGHT WHALES

     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.


[[Page S7329]]


  


       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

[[Page S7330]]

     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

[[Page S7331]]

     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

[[Page S7332]]

     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.

[[Page S7333]]

  


                   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.

[[Page S7334]]

  


                     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,

[[Page S7335]]

     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

[[Page S7336]]

     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

[[Page S7337]]

     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

[[Page S7338]]

     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

[[Page S7339]]

     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.

[[Page S7340]]

       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

[[Page S7341]]

     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

[[Page S7342]]

     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

[[Page S7343]]

     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.

[[Page S7344]]

  


               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,

[[Page S7345]]

     $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

[[Page S7346]]

     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,

[[Page S7347]]

     $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

[[Page S7348]]

     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

[[Page S7349]]

     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;

[[Page S7350]]

       (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

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     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

[[Page S7352]]

     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,

[[Page S7353]]

     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

[[Page S7354]]

     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

[[Page S7355]]

     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.

[[Page S7356]]

       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,

[[Page S7357]]

     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

[[Page S7358]]

     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

[[Page S7359]]

     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.

[[Page S7360]]

  


                                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

[[Page S7361]]

     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

[[Page S7362]]

     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,

[[Page S7363]]

     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

[[Page S7364]]

     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

[[Page S7365]]

     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,

[[Page S7366]]

     .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

[[Page S7367]]

     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

[[Page S7368]]

     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

[[Page S7369]]

     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

[[Page S7370]]

     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.

[[Page S7371]]

       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

[[Page S7372]]

     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

[[Page S7373]]

     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.

[[Page S7374]]

       (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

[[Page S7375]]

     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.
       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

[[Page S7376]]

     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

[[Page S7377]]

     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

[[Page S7378]]

     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

[[Page S7379]]

     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.

[[Page S7380]]

  


                  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

[[Page S7381]]

     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

[[Page S7382]]

     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,

[[Page S7383]]

     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,

[[Page S7384]]

     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

[[Page S7385]]

     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.

[[Page S7386]]

       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

[[Page S7387]]

     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

[[Page S7388]]

     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

[[Page S7389]]

     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.

[[Page S7390]]

  


   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,

[[Page S7391]]

     $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.

[[Page S7392]]

     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

[[Page S7393]]

     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.

[[Page S7394]]

       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,

[[Page S7395]]

     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.)

[[Page S7396]]

     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)

[[Page S7397]]

     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

[[Page S7398]]

     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

[[Page S7399]]

     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

[[Page S7400]]

     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

[[Page S7401]]

     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

[[Page S7402]]

     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

[[Page S7403]]

     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

[[Page S7404]]

       (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

[[Page S7405]]

     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

[[Page S7406]]

     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

[[Page S7407]]

     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

[[Page S7408]]

     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.

[[Page S7409]]

       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.

[[Page S7410]]

  


                          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

[[Page S7411]]

     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

[[Page S7412]]

     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

[[Page S7413]]

       (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;

[[Page S7414]]

       (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''.

[[Page S7415]]

       (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.

[[Page S7416]]

  


            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

[[Page S7417]]

     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

[[Page S7418]]

     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

[[Page S7419]]

     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

[[Page S7420]]

     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

[[Page S7421]]

     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

[[Page S7422]]

     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,

[[Page S7423]]

     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

[[Page S7424]]

     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

[[Page S7425]]

     (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);

[[Page S7426]]

       (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

[[Page S7427]]

     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

[[Page S7428]]

     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

[[Page S7429]]

     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

[[Page S7430]]

     $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

[[Page S7431]]

     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

[[Page S7432]]

     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

[[Page S7433]]

     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

[[Page S7434]]

     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

[[Page S7435]]

     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-

[[Page S7436]]

     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,

[[Page S7437]]

     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

[[Page S7438]]

     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

[[Page S7439]]

     ``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

[[Page S7440]]

     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:

[[Page S7441]]

       ``(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''.

[[Page S7442]]

  


                                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

[[Page S7443]]

     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

[[Page S7444]]

     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

[[Page S7445]]

     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

[[Page S7446]]

     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

[[Page S7447]]

     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

[[Page S7448]]

     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,

[[Page S7449]]

     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

[[Page S7450]]

     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--

[[Page S7451]]

       (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

[[Page S7452]]

     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

[[Page S7453]]

     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

[[Page S7454]]

     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.

[[Page S7455]]

       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.

[[Page S7456]]

  


                  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

[[Page S7457]]

     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

[[Page S7458]]

     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

[[Page S7459]]

     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.

[[Page S7460]]

       (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

[[Page S7461]]

     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

[[Page S7462]]

     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

[[Page S7463]]

     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

[[Page S7464]]

     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

[[Page S7465]]

     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

[[Page S7466]]

     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.

[[Page S7467]]

  


                         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

[[Page S7468]]

     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.

[[Page S7469]]

       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

[[Page S7470]]

     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.

[[Page S7471]]

  


                      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

[[Page S7472]]

     ``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

[[Page S7473]]

     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

[[Page S7474]]

     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.

[[Page S7475]]

       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

[[Page S7476]]

     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

[[Page S7477]]

     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

[[Page S7478]]

     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,

[[Page S7479]]

     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

[[Page S7480]]

     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

[[Page S7481]]

     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

[[Page S7482]]

     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--

[[Page S7483]]

       (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

[[Page S7484]]

     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.

[[Page S7485]]

       (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

[[Page S7486]]

     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

[[Page S7487]]

     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

[[Page S7488]]

     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

[[Page S7489]]

     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;

[[Page S7490]]

       (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.

[[Page S7491]]

       (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

[[Page S7492]]

     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

[[Page S7493]]

     (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

[[Page S7494]]

     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

[[Page S7495]]

     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

[[Page S7496]]

     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

[[Page S7497]]

     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.

[[Page S7498]]

       (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

[[Page S7499]]

     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

[[Page S7500]]

     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

[[Page S7501]]

     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

[[Page S7502]]

     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

[[Page S7503]]

     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

[[Page S7504]]

     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

[[Page S7505]]

     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.

[[Page S7506]]

       (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

[[Page S7507]]

     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

[[Page S7508]]

     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

[[Page S7509]]

     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--

[[Page S7510]]

       ``(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.

[[Page S7511]]

  


                    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.

[[Page S7512]]

  


  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

[[Page S7513]]

     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

[[Page S7514]]

     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

[[Page S7515]]

     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

[[Page S7516]]

     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

[[Page S7517]]

     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

[[Page S7518]]

     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.

[[Page S7519]]

  


 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,

[[Page S7520]]

     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--

[[Page S7521]]

       (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.

[[Page S7522]]

  


          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

[[Page S7523]]

     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.

[[Page S7524]]

  


                       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

[[Page S7525]]

     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,

[[Page S7526]]

     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

[[Page S7527]]

     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

[[Page S7528]]

     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

[[Page S7529]]

     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

[[Page S7530]]

     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

[[Page S7531]]

     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;

[[Page S7532]]

       (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

[[Page S7533]]

     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

[[Page S7534]]

     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,

[[Page S7535]]

     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''.

[[Page S7536]]

  


                               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

[[Page S7537]]

     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'';

[[Page S7538]]

       (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.

[[Page S7539]]

  


            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

[[Page S7540]]

     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

[[Page S7541]]

     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.

                               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

[[Page S7542]]

     (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

[[Page S7543]]

     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,

[[Page S7544]]

     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

[[Page S7545]]

     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.

[[Page S7546]]

  


                         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

[[Page S7547]]

     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:

[[Page S7548]]

       ``(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. 403. NUMBERING OF SEGMENT.

       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.

     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--

[[Page S7549]]

       ``(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

[[Page S7550]]

     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.

[[Page S7551]]

  


     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

[[Page S7552]]

     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''

[[Page S7553]]

     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.

[[Page S7554]]

       (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--

[[Page S7555]]

       ``(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.

[[Page S7556]]

       (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-

[[Page S7557]]

     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--

[[Page S7558]]

       ``(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.

[[Page S7559]]

       ``(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;

[[Page S7560]]

       (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

[[Page S7561]]

     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 
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

[[Page S7562]]

     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.--

[[Page S7563]]

       ``(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

[[Page S7564]]

     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,

[[Page S7565]]

     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

[[Page S7566]]

     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

[[Page S7567]]

     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.--

[[Page S7568]]

       (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

[[Page S7569]]

     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.--

[[Page S7570]]

       ``(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--

[[Page S7571]]

       ``(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:

[[Page S7572]]

       ``(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.

[[Page S7573]]

       ``(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:

[[Page S7574]]

       ``(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).

[[Page S7575]]

       ``(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.

[[Page S7576]]

       (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.

[[Page S7577]]

  


  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

[[Page S7578]]

     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

[[Page S7579]]

     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:

[[Page S7580]]

  


     ``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

[[Page S7581]]

     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;

[[Page S7582]]

       (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.--

[[Page S7583]]

       (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

[[Page S7584]]

     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

[[Page S7585]]

     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

[[Page S7586]]

     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

[[Page S7587]]

     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:

[[Page S7588]]

     ``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

[[Page S7589]]

     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.

[[Page S7590]]

       (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

[[Page S7591]]

     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''.

[[Page S7592]]

  


                      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--

[[Page S7593]]

       ``(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.''.

[[Page S7594]]

       (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,

[[Page S7595]]

     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:


------------------------------------------------------------------------
``If the special trial judge     And the years of service as a special
      has attained age:                trial judge are at 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.

[[Page S7596]]

  


  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.

[[Page S7597]]

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.
       (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

[[Page S7598]]

     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).

[[Page S7599]]

       ``(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

[[Page S7600]]

     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

[[Page S7601]]

     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,

[[Page S7602]]

     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.

[[Page S7603]]

       (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

[[Page S7604]]

     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--

[[Page S7605]]

       (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.

[[Page S7606]]

       (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

[[Page S7607]]

     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

[[Page S7608]]

     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.

[[Page S7609]]

       (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

[[Page S7610]]

     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

[[Page S7611]]

     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

[[Page S7612]]

     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

[[Page S7613]]

     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.''.

[[Page S7614]]

  


     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.

[[Page S7615]]

       ``(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

[[Page S7616]]

     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.

[[Page S7617]]

       (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.

[[Page S7618]]

       (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

[[Page S7619]]

       ``(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

[[Page S7620]]

       ``(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).

[[Page S7621]]

       (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

[[Page S7622]]

     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.

[[Page S7623]]

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

[[Page S7624]]

     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

[[Page S7625]]

     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.

[[Page S7626]]

  


                 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.''.

[[Page S7627]]

       (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--

[[Page S7628]]

       (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;

[[Page S7629]]

       (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:

[[Page S7630]]

  


     ``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.

[[Page S7631]]

       ``(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.

[[Page S7632]]

       (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

[[Page S7633]]

     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.

[[Page S7634]]

       ``(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:

[[Page S7635]]

       ``(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

[[Page S7636]]

     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.

[[Page S7637]]

       (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.--

[[Page S7638]]

       (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

[[Page S7639]]

     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.

[[Page S7640]]

  


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.

[[Page S7641]]

       (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;

[[Page S7642]]

       (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--

[[Page S7643]]

       (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

[[Page S7644]]

     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

[[Page S7645]]

       (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

[[Page S7646]]

       (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

[[Page S7647]]

     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

[[Page S7648]]

     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,

[[Page S7649]]

     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

[[Page S7650]]

     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.

[[Page S7651]]

       (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;

[[Page S7652]]

       (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;

[[Page S7653]]

       (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.

[[Page S7654]]

  


     ``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

[[Page S7655]]

     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.

[[Page S7656]]

       (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

[[Page S7657]]

     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:

     ``SECTION 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.

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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.

[[Page S7659]]

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.

[[Page S7660]]

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

[[Page S7661]]

     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

[[Page S7662]]

     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

[[Page S7663]]

     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

[[Page S7664]]

     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.

[[Page S7665]]

       (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,

[[Page S7666]]

     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.

[[Page S7667]]

       ``(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--

[[Page S7668]]

       (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.

[[Page S7669]]

       ``(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

[[Page S7670]]

     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'';

[[Page S7671]]

       (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

[[Page S7672]]

     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.''.

[[Page S7673]]

  


     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

[[Page S7674]]

     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.

[[Page S7675]]

     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

[[Page S7676]]

     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;

[[Page S7677]]

       ``(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

[[Page S7678]]

     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--

[[Page S7679]]

       (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

[[Page S7680]]

     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

[[Page S7681]]

     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

[[Page S7682]]

     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;

[[Page S7683]]

       (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

[[Page S7684]]

     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--

[[Page S7685]]

       ``(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

[[Page S7686]]

     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

[[Page S7687]]

       (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

[[Page S7688]]

     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.

[[Page S7689]]

       (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)

[[Page S7690]]

     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;

[[Page S7691]]

       (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;

[[Page S7692]]

       ``(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

[[Page S7693]]

     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.''.

[[Page S7694]]

  


     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

[[Page S7695]]

     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.

[[Page S7696]]

       ``(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;

[[Page S7697]]

       (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;

[[Page S7698]]

       (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

[[Page S7699]]

     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;

[[Page S7700]]

       ``(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

[[Page S7701]]

     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

[[Page S7702]]

     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.

[[Page S7703]]

       ``(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

[[Page S7704]]

     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

[[Page S7705]]

     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--

[[Page S7706]]

       ``(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

[[Page S7707]]

     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)'';

[[Page S7708]]

       (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--

[[Page S7709]]

       ``(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--

[[Page S7710]]

       (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;

[[Page S7711]]

       ``(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

[[Page S7712]]

     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

[[Page S7713]]

       (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

[[Page S7714]]

     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

[[Page S7715]]

     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

[[Page S7716]]

     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

[[Page S7717]]

     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.

[[Page S7718]]

     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.

[[Page S7719]]

       ``(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.

[[Page S7720]]

       ``(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

[[Page S7721]]

     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

[[Page S7722]]

     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'';

[[Page S7723]]

       (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;

[[Page S7724]]

       (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.

[[Page S7725]]

       (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

[[Page S7726]]

       (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;

[[Page S7727]]

       (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).

[[Page S7728]]

       ``(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

[[Page S7729]]

       (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''.

[[Page S7730]]

       (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

[[Page S7731]]

     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

[[Page S7732]]

     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

[[Page S7733]]

     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

[[Page S7734]]

       (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);

[[Page S7735]]

       ``(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--

[[Page S7736]]

       (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

[[Page S7737]]

     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;

[[Page S7738]]

       ``(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.

[[Page S7739]]

       (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

[[Page S7740]]

     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,

[[Page S7741]]

     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

[[Page S7742]]

     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.''.

[[Page S7743]]

  


                 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:

[[Page S7744]]

       ``(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

[[Page S7745]]

     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

[[Page S7746]]

     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

[[Page S7747]]

     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

[[Page S7748]]

     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--

[[Page S7749]]

       ``(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

[[Page S7750]]

     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--

[[Page S7751]]

       ``(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)).

              DIVISION GG--MERGER FILING FEE MODERNIZATION

     SEC. 1. 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.

       (a) Amendments.--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''; and
       (iii) by striking ``September 30, 2004, in the same manner 
     as provided in section 8(a)(5) of the Clayton Act (15 U.S.C. 
     19(a)(5)) to reflect the percentage change in the gross 
     national product for such fiscal year compared to the gross 
     national product for the year ending September 30, 2003'' and 
     inserting ``September 30, 2023, in accordance with subsection 
     (c)'';
       (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.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2024.

     SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.

       (a) FTC and DOJ Joint Report.--For each of fiscal years 
     2024 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 section 605 of 
     Public Law 101-162 (15 U.S.C. 18a note), as amended by 
     section 101(a) of this division, 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 2023.
       (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 Committee on the Judiciary of 
     the Senate and the Committee of the

[[Page S7752]]

     Judiciary of the House of Representatives, and shall, for 
     fiscal years 2024 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 such Committees.

        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 title 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(a) 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.

       (a) In General.--Section 1407 of title 28, United States 
     Code, is amended--
       (1) in subsection (g)--
       (A) by inserting ``or a State'' after ``United States''; 
     and
       (B) by 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).
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any matter pending on, or filed on or after, 
     the date of enactment of this Act.

                        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.

[[Page S7753]]

       (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.

[[Page S7754]]

       (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);

[[Page S7755]]

       (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--

[[Page S7756]]

       ``(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

[[Page S7757]]

     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

[[Page S7758]]

     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

[[Page S7759]]

     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.''.

[[Page S7760]]

  


     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

[[Page S7761]]

     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

[[Page S7762]]

     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

[[Page S7763]]

     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--

[[Page S7764]]

       ``(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)
----------------------------------------------------------------------------------------------------------------

[[Page S7765]]

 
      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)
----------------------------------------------------------------------------------------------------------------

[[Page S7766]]

 
      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.

[[Page S7767]]

 
(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)
----------------------------------------------------------------------------------------------------------------

[[Page S7768]]

 
      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)
----------------------------------------------------------------------------------------------------------------

[[Page S7769]]

 
      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)
----------------------------------------------------------------------------------------------------------------

[[Page S7770]]

 
      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.

[[Page S7771]]

 
(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.

[[Page S7772]]

 
(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.

[[Page S7773]]

 
(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.

[[Page S7774]]

 
(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)
----------------------------------------------------------------------------------------------------------------

[[Page S7775]]

 
      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.
----------------------------------------------------------------------------------------------------------------

[[Page S7776]]

 
      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.

[[Page S7777]]

 
(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)
----------------------------------------------------------------------------------------------------------------

[[Page S7778]]

 
      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.


[[Page S7779]]


 ``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.
----------------------------------------------------------------------------------------------------------------

[[Page S7780]]

 
      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).
----------------------------------------------------------------------------------------------------------------

[[Page S7781]]

 
      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.

[[Page S7782]]

 
(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.

[[Page S7783]]

 
(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.
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(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

[[Page S7784]]

     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 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.

[[Page S7785]]

       (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.

                          ____________________